中美轮胎特保案专家组报告评析——败诉的启示

Analysis on US-China Tyres Case

2010年12月13日,WTO专家组对中美轮胎特保案做出了裁决。该专家组报告就中国的抗辩对下列几个问题进行了论证:第一,《中国入世议定书》16.1条与16.4条的关系;第二,中国的涉案轮胎进口是否快速增长;第三,中国涉案轮胎进口增加与美国国内产业受到损害之间的因果关系;第四,美国的惩罚性关税措施是否在所必需的范围之内;第五,美国的3年惩罚性关税措施是否超出了所必需的救济时限。本文在上述专家组报告的分析基础上,对中美轮胎特保案中涉及的核心问题加以分析和阐述,并就该案给中国应对WTO争端解决和国内立法带来的启示作若干分析。

The US-China Tyros Case was launched on September 14th, 2009 in the WTO. China claimed five main issues against the U.S. that it violated the GATT 1994, the Agreement on Safeguard and the Protocol on the Accession of the People＇s Republic of China. First, the U.S. failed to evaluate properly whether imports from China were in ＂such increased quantities＂ and ＂increasing rapidly＂ as required by paragraphs 16.1 and 16.4 of the Protocol; Second, the US statute implementing the causation standard of paragraph 16 into US law was inconsistent ＂as such＂ with paragraphs 16.1 and 16.4 of the Protocol; Third, the United States failed to evaluate properly whether imports from China were a ＂significant cause＂ as required by paragraphs 16.1 and 16.4 of the Protocol; Fourth, the United States imposed a transitional safeguard measure that went beyond the ＂extent necessary＂, and thus it was inconsistent with paragraph 16.3 of the Protocol; Fifth, the United States imposed a transitional safeguard measure for a three-year period that went beyond ＂such period of time＂ that was ＂necessary＂, and thus it was inconsistent with paragraph 16.6 of the Protocol. The panel rejected almost all of the above issues that China claimed, concluded that the U.S. did not fail to comply with its obligation under WTO.