US–tyres : upholding a WTO accession contract — imposing pain for little gain
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1475-3138; 1474-7456
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World Trade Review, 2013, Vol. 12, No. 2, pp. 273-296
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CHARNOVITZ, Steve, HOEKMAN, Bernard M., US–tyres : upholding a WTO accession contract — imposing pain for little gain, World Trade Review, 2013, Vol. 12, No. 2, pp. 273-296 - https://hdl.handle.net/1814/29838
Abstract
In 2009, the United States imposed additional tariffs for a three-year period on imports of automotive tires from China under a special-safeguard provision included in China's Protocol of Accession to the WTO. China challenged the measure in the WTO. The case marked the first WTO dispute in which a challenged safeguard was upheld by the Appellate Body; the first in which an accession protocol was used successfully as a defense; and the first that China lost as a complaining party. It also was noteworthy in that the safeguard was sought by a labor union, not the domestic industry. This paper reviews the WTO Appellate Body's findings and discusses a number of the legal and policy implications regarding China's Accession Protocol, the Safeguards Agreement, and WTO accession law, as well as economic aspects of the case.
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Published online: 10 April 2013.