Comment: WTO Appellate Body Upholds U.S. Safeguard Measures on Imported Tires from China: Legal Implications and Ramifications to Subsequent Trade Disputes and to Other Trade Industries Skip over navigation
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Copyright (c) 2013 University of the Pacific, McGeorge School of Law
Pacific McGeorge Global Business & Development Law Journal

Comment: WTO Appellate Body Upholds U.S. Safeguard Measures on Imported Tires from China: Legal Implications and Ramifications to Subsequent Trade Disputes and to Other Trade Industries

2013

Pacific McGeorge Global Business & Development Law Journal

26 Pac. McGeorge Global Bus. & Dev. L.J. 187

Author

James Clifford Anderson*

Excerpt



I. Introduction
 
China and the United States are engaged in international trade disputes within the World Trade Organization ("WTO") dispute settlement system which are currently at a boiling point. 1 On June 4, 2012, the U.S. Commerce Department announced that it will likely impose a thirty-one percent tariff on all solar panel imports from China. 2 Two other recent disputes, filed in September and October 2011, include allegations by the United States that China improperly levied tariffs on Chinese chicken imports and that China failed to disclose details of 200 Chinese subsidies as required by the WTO. 3 Imposing tariffs on international imports between the United States and China is reciprocal. 4 China announced on December 16, 2011 that it will impose anti-dumping tariffs on imported U.S. vehicles with engines of 2.5-litres or above, effective from December 15, 2011, and lasting two years. 5 These recent examples illustrate the current volatile nature of global trade between two of the largest importing and exporting countries in the world. 6

Over the past decade, despite numerous safeguard complaints filed by the United States against China alleging trade violations, not one has been completely upheld by the WTO Appellate Body ("AB"). 7 This trend ended on September 5, 2011, when the AB issued its report regarding Measures Affecting Imports of Certain Passenger Vehicle and Light Truck Tyres 8 from China ("AB Tire Report") in favor of the United States. 9 It was the first time the WTO completely upheld ...
 
 
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