商務(wù)英語專業(yè)本科陳安妮畢業(yè)論文

1、廣東東軟學(xué)院本科畢業(yè)論文題目：The Impact of China US Tire Special Insurance Case on Chinas Tire Industry and Countermeasures 中美輪胎特保案對中國輪胎業(yè)的影響及對策建議美中輪胎特保案是奧巴馬時代美國政府第一次對中國提出特保。本文探析中美輪胎特保案的發(fā)展歷程以及其爭議的焦點(diǎn)，對其進(jìn)行法律分析和研究，可以揭示美國對華實(shí)施特保背后的原由，也可以加快中國有關(guān)貿(mào)易政策的完善和改變中國對外貿(mào)易的增長方式。最后，為了減少和避免此案件的發(fā)生，本文還展開思考和討論，并提出對應(yīng)的解決方策。關(guān)鍵詞：中美經(jīng)貿(mào)關(guān)系；貿(mào)易戰(zhàn)；中

2、美輪胎特保案ABSTRACTThe U.S. China tire special insurance case is the first time the U.S. government proposed special insurance to China in the Obama era. This paper analyzes the development process and the focus of the dispute of the tire special insurance case between China and the United States, and ma

3、kes legal analysis and research on it, which can reveal the reasons behind the implementation of the special insurance in China by the United States, and also can speed up the improvement of Chinas relevant trade policies. Not only that, Chinas foreign trade growth pattern will be change. Finally, i

4、n order to reduce and avoid the occurrence of this case, this paper also discusses and studies, and puts forward corresponding solutions.Key words: Sino-US economic and trade relations; Trade war; China US tire special insurance caseiiContentsINTRODUCTION2CHAPTER I OVERVIEW OF SPECIAL TIRE INSURANCE

5、 CASES BETWEEN CHINA AND THE UNITED STATES41.1 Research Status and Development of Special Tire Insurance Cases between China and the United States41.2 Fact Consideration and Dispute Focus61.3 Analysis of 421 Special Payment of American Special Insurance7CHAPTER II SPECIAL SAFEGUARD MEASURES TOWARDS

6、CHINA AND RELEVANT DEMONSTRATION EFFECTS UNDER THE FRAMEWORK OF WTO102.1 Special Safeguard Measures for China102.2 Demonstration Effect11CHAPTER III THE ENLIGHTENMENT AND THINKING OF THE SPECIAL TIRE INSURANCE CASES BETWEEN CHINA AND THE UNITED STATES133.1 Strengthen Macro Coordination143.2 Adjustme

7、nt of Foreign Trade Policies143.3 Encourage Active Response15CONCLUSION16REFERENCES17ACKNOWLEDGMENTS18INTRODUCTIONIn recent years, with the advancement of economic globalization, Chinas economic scale has surpassed that of Japan and the United States, and its strength and potential are gradually obv

8、ious. Compared with the rise of emerging countries such as China, the United States global leadership has been greatly weakened. In order to ensure the domestic economy and global leadership, it has a tradition of fighting with other countries through trade war. In history, almost all countries that

9、 threaten the industrial structure and trade balance of the United States have been hit by the U.S. trade war. According to the data, the Soviet Union has been hit by the U.S. trade war. Accounting for two-thirds of the total economic volume, the United States, together with other interested countri

10、es, launched an oil price war, which reduced the international oil price to as low as $9 a barrel, which became an important factor in dragging down the Soviet economy. Before that, China and the United States were complementary. China provided cheap labor and raw materials, and the United States pr

11、ovided technology. But with the rapid development of Chinas economy, we spend more and more time and energy on science and technology as the first productivity.Under the common development of technology and industry, Chinas economic growth rate has always been higher than that of the United States,

12、and even Chinas total economic output has exceeded that of the United States. It can also be said that it is possible, so the United States has put forward great requirements for various threat theories of China in restraining Chinas economic development. Therefore, the United States has mainly form

13、ulated tax laws related to emerging high technologies such as aerospace, information and communication technology, robotics technology, and formulated intellectual property rights. Take Chinas cutting-edge technology industry as the object. The ambition of the United States want to even prevent Chin

14、as l transformation and upgrading is obvious.From the perspective of the impact of the Sino-US trade war, the United States is Chinas most important trading partner. The trade war directly affects Chinas export trade, and the decline of exports has a direct negative impact on Chinas related industri

15、es. To some extent, the confrontation between China and the United States is also serious. There was a misunderstanding. In other words, there are economic confrontations between developed and developing countries, which affect the freedom of global trade.First of all, I think the United States need

16、s decisive countermeasures such as boeing and soybeans. If we put pressure on us to cause internal disputes with a firm attitude, it will help our country to increase bargaining chips and safeguard its legitimate interests. Second, we can further develop domestic diversified international economic c

17、ooperation, promote a new round of reform and opening up, expand domestic demand, expand export channels and reduce our dependence on the U.S. market. The third is to appeal to the WTO internationally and win the support of other dependence on the United States market countries such as the European

18、Union, so as to obtain support from both public opinion and practice. The key point is that I dont think China should be afraid of and over worried about the impact of the Sino-US trade war on its response policies.On the other hand, if properly handled, the Sino-US trade war will also stimulate Chi

19、nas economy, promote the transformation and upgrading of Chinas industrial structure, and develop cutting-edge technology products. The belt and road initiative will further open up Chinas further reform and opening up. In order to promote the diversification of Chinas foreign trade, we will look fo

20、r more export and investment markets.CHAPTER IOVERVIEW OF SPECIAL TIRE INSURANCE CASES BETWEEN CHINA AND THE UNITED STATES1.1 Research Status and Development of Special Tire Insurance Cases between China and The United StatesChina US tire special insurance case is called the first case of China US t

21、rade protection in Obama era.Special safeguard is called transitional safeguard mechanism for specific products in Article 16 of the protocol on Chinas Accession to the WTO. In some cases, WTO members can restrict the import of Chinese products. This provision is similar to safeguard measures, but o

22、nly applies to China. It is a special safeguard measure, so it is commonly known as special safeguard. To apply this provision, the United States added article 421 to its domestic law, The Trade Act of 1974, which is the basis of its domestic law.On April 20, 2009, US. Federation of steel workers fi

23、led a petition claiming that Chinas tire exports to the United States increased significantly, disrupting the domestic production market of the United States; four days later, the U.S. International Trade Commission launched an investigation and endorsed the views of the Federation.On September 11,

24、2009, U.S. President Barack Obama decided to take special measures to protect Chinese tires and impose 30%, 25% and 20% punitive ad valorem tariffs within three years.On September 14, 2009, the Chinese government officially launched the WTO dispute settlement procedure for the special safeguard meas

25、ures against the incident of the United States special safeguards measures for restricting Chinese tire import.On September 21, 2009, the Chinese government applied to the world trade organization to establish an expert group to investigate the special safeguard measures of the United States.On Janu

26、ary 19, 2010, WTO established an expert group on dispute settlement mechanism.On December 13, 2010, the panels ruling report was published, rejecting Chinas claim that the punitive tariff imposed by the United States on tires imported from China does not violate the relevant provisions of the WTO.On

27、 May 24, 2011, China filed an appeal to the WTO dispute settlement body on the report of the expert group on China US tire special insurance disputes. In the appeal report, China mainly put forward two points. First of all, the United States International Trade Commission and the WTO dispute settlem

28、ent mechanism expert group mistakenly concluded that Chinas tire exports to the United States grew rapidly, because in 2008, that is, at the end of the investigation period, Chinas exports grew by only 10.8%, significantly lower than the 34% growth rate in 2004-2008. Second, the United States Intern

29、ational Trade Commission has not fully proved that Chinas exports are the most direct cause of the decline of US. tire industry. China believes that the industrial output of tires in the United States will decline is also because of the change of strategy of American tire enterprises and the active

30、closure of the market in the United States, as well as the decline of domestic demand in the United States.On September 5, 2011, the Appellate Bodys decision was published, and the final report upheld the judgment of the dispute settlement mechanism expert group and continued to determine that the p

31、ractice of the United States was in line with the regulations.In December 2010, the WTO dispute settlement mechanism published the report of the expert group, arguing that the United States approach did not conflict with WTO rules. The panel finds that the United States did not miss an appropriate a

32、ssessment of the rapid growth issue. Chinas tire industry caused substantial damage. Trade Law of 1974 does not violate Article 16 of the protocol on Chinas accession to the WTO. China has also failed to prove whether these measures are excessive or too long.The World Trade Organization (WTO) appell

33、ate body rejected all Chinese appeals on September 5th. The Appellate Body published a 123 page decision report, the core content of which is still to support the conclusion of the expert group that the special measures taken by the United States to protect Chinese tires exported to the United State

34、s are in line with WTO rules, and Chinese tires do cause damage to the relevant industries of the United States. It is believed that US. transitional special insurance measures for tires imported from China do not violate the organizations regulations.1.2 Fact Consideration and Dispute FocusSince Ch

35、inas accession to the WTO, Sino-US trade has attracted more and more attention from both sides. Before the United States took special safeguard measures for Chinese tires, a series of anti-subsidy and anti-dumping problems in the United States due to the trade deficit in the Chinese market have been

36、 known by people in various industries and fields.Because in this respect, China has taken a series of measures to ensure the good development of foreign trade of Chinese enterprises, these measures to our country national economy development important promotion effect. However, the huge influence o

37、n Chinas foreign trade economy caused by the special tire insurance case in the United States. China has not received widespread attention from all sectors of society, and the measures taken in this case are self-evident.In fact, before the special report incident, the United States conducted six sp

38、ecial reports of investigation on Chinese tires. Fortunately, the United States has not joined the special insurance. However, Obamas handling measures have not been mentioned. After the US president took office, the special insurance strategy for Chinas imported goods is emerging one after another.

39、 Therefore, Obamas recognition of the US government and the implementation of the special insurance policy for Chinese tires can be concluded as a special inspection of Chinas economy and politics in the future financial crisis.People from all walks of life in the United States have different views

40、on President Obamas policy decision in dealing with this matter. Among them, representatives of steel workers have expressed great dissatisfaction with the governments measures, through which trade union members hope to promote the production of tires in the United States and increase domestic emplo

41、yment rate. As an economic consultant, the trade union said to the government, the purpose of implementing the imported tire protection policy is to maintain the continuous growth of the domestic tire industry and maintain the existing huge employment area. However, Victrolio, Chinas largest tire ma

42、nufacturer and vice chairman of the U.S. subsidiary, has different views. He believes that this measure of the U.S. government is not in line with the previous public announcement against trade protectionism. Obamas move will not only reduce jobs in the United States, but also bring economic burden

43、to tire consumers. In addition, the representative groups in the field of tire industry in the United States and some related fields have also stated their opposition to the move of the United States to take special protection measures for Chinese imported tires. For example, on September 14, 2009,

44、the Wall Street Journal published opinions on the special tire newspaper of China and the United States in American newspapers. In the past, the price of Chinese tires in the U.S. market was very low, but now in the special report, the cost of exporting Chinese tires to the U.S. is very expensive, a

45、nd the sales price in the U.S. market has also increased significantly, which has a negative impact on the U.S. tire consumers. And on the 15th, the journal published an article on the topic of protectionist president, criticizing Obamas decision, saying that the presidents actions and decisions wil

46、l ultimately damage the interests of the United States.The Washington Post was also criticized by Obamas decision. In its editorial, it was said that under the economic transaction of a large number of tire exports from China to the United States, tire manufacturers in the United States have closed

47、down, resulting in the decline of employment in the tire industry in the United States and other undeniable facts. But this is due to the fact that it is different from the tire industry, or due to the impact of Chinese tires or the recession of American economic development? According to the report

48、s and opinions of American media, the answer is obvious.1.3 Analysis of 421 Special Payment of American Special InsuranceAt present, the legal basis for Member States to take special safeguard measures against China is the provisions of the Report of the working group of the peoples Republic of Chin

49、a on its accession to the WTO and the protocol of the peoples Republic of China on accession to the WTO. In the report of the working group of the peoples Republic of China on accession to the WTO, the provisions of articles 240 to 245 and the provisions of Article 16 of the protocol of the peoples

50、Republic of China on accession to the WTO all have special safeguard measures against China. Although China has promised corresponding commitments, it also has relevant provisions for the WTO. Notwithstanding some countries have enacted corresponding laws according to their own national conditions a

51、nd relevant regulations, the aim is to Chinas special safeguard measures, the 421 clause, which represents the United States, as an important law, will play an important role in the future tire special insurance cases between China and the United States. This is the legal basis for the United States

52、 to file a lawsuit.The 421 clause of American special insurance stipulates that under the following circumstances, the United States will not disturb the market, impose tariffs on Chinese products, and restrict Chinas export to the United States. The reason for this situation began with Chinas acces

53、sion to the WTO and 12 years of China US relations. It will be more puzzling if the exported products pose a threat to the local industries of the United States. The market government can take such measures to restrict the export of Chinese products to the United States. When implementing such speci

54、al insurance measures, these measures pose a threat to the local industries. The market It is necessary to evaluate and cause confusion. This criterion mainly includes the following four aspects: first, the import volume has increased significantly, second, the similar products and local industries,

55、 third, the local industries are suffering losses or threats, fourth, Chinas imports have soared because of the damage to local products.One the one hand, one of the contentious points in the tire special insurance case between China and the United States is that the import has increased significant

56、ly. From 2004 to 2008, Chinas export of consumer tires to the United States increased by 215%, with a total increase of 295%, according to a survey by the United Steelworkers Union. In response, China pointed out that from 2007 to 2008, Chinas total tire exports to the United States accounted for on

57、ly 2.7% of the increase in the proportion of U.S. consumption. Although the U.S. has no detailed regulations on time, growth rate and specific circumstances in its trade regulations, the 421 clause of special insurance stipulates that, no matter in absolute or relative terms, as long as the import v

58、olume meets the requirement of a substantial increase. This has obviously increased the discretion of the US side on this issue. ICT of the United States has determined that between 2004 and 2009, the absolute number of tires exported by China to the United States increased significantly. Although C

59、hinas defense is based on the recent decline in export growth, it does not meet the judgment criteria of the US side, so the defense cannot be established.One the other hand, another focus of the dispute between China and the American is the judgment of damage or threat to the domestic industry of the United States. The U.S. blamed China