US tires safeguard the legal and political challen

According to the proposed Section 421 demands that the United Steelworkers union, which believes that China exports to the U.S. increased substantially the number of commercial tire led to confusion in the market, want to restrict imports of tires from China. But since April since the incident, no one company, no one tire manufacturer, in introducing the demand.

Therefore, adjusting the plan does not exist. United Steelworkers of America, even if it has a plan (in fact it does not), nor the implementation of this plan, because the only tire manufacturer to do this. The union's legal advisers did not expect to need a plan, that is, special protection against China looks more like a measure of tire imports surge, rather than the affected industries to develop a transitional measure.

Although safeguards designed to prevent the export of China to the United States, and nothing more, and an adjustment program for special protection is a very key concept, Article 421 which has no formal requirements, the introduction of tire case, nor any adjustment program. However, the U.S. International Trade Commission (ITC) also seems to realize that if there is no industry adjustment plan, special safeguard measures mean that there is no sense of relief.

And 201 (Editor's note: non-discrimination principle in the United States trade law on the basis of the same for all exporting countries to implement safeguards exports), and 421 (Editor's note: specifically for China, the United States believes that trade in non-market economy countries safeguards), a striking contrast to the example is a three-year implementation of gluten powder protection.

May 30, 1998, the United States issued Circular No. 7103, "in order to promote positive adjustment to counter the competition from imported wheat gluten flour." Although the United States from Europe because of the domestic industry gluten flour imports rose sharply by a heavy blow, when suddenly the European output growth of wheat starch (gluten wheat starch powder is a by-product generated in the process), the domestic industry or gluten flour made a plan to develop a timetable and announced progress on a regular basis, they do, both for the initial application for protection, but also to allow continuation of import quotas granted by the president for three years.
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