Background In international trade, countries want to expand their exports and seize their goods or services to seize foreign markets. While setting trade or technical barriers to restrict imports. Therefore, when the relative lack of resources, share the world’s resources to become a big country trade inevitable. So in the context of economic globalization, countries urgently need to eliminate all kinds of barriers, GATT to a certain extent, to solve this problem. However, the United States gradually felt that the GATT can not effectively safeguard the interests of the United States, especially through reciprocal agreements, the concessions of member states in exchange for equal trade interests, leaving the United States difficult to accept.
The United States believes that it has made concessions in terms of lowering tariffs and market access. However, other members have not given equal interests to the United States and even taken other measures to distort trade relations and set up obstacles to damage the interests of the United States. If the negotiation can not be resolved, relying on the GATT dispute settlement mechanism can not effectively solve the problem. Based on the above background, the United States amended the Trade Act in 1974, enacted Article 301 and, after modification, eventually developed into a system of protection of US trade interests. This is the United States “301” legal system of origin. (2), the United States “301” legal system and the evolution of the history of the United States “301” in a narrow and broad sense of the points. The specific content is a non-trade barrier retaliatory measure or a threat measure.
When a country has an “unjust” or “unfair” trade practice, the US trade representative may decide to impose sanctions such as the withdrawal of trade concessions or concessional conditions, forcing the country to change its “unfair” or “unfair” practices The generalized 301 clause includes general 301 clause, special 301 clause, super 301 clause and its supporting measures. In this sense, the United States “301 clause” legal system tends to call it the scope of the 301 article system gradually expanded trend. Among them, the general 301 clause, that is, the narrow sense of the 301 clause, so that the US trade sanctions a general statement. However, the provisions of the super 301, especially 301, matching terms for the specific areas of trade to make specific provisions, constitute the United States “301” legal system of the main content and applicable system. Specifically, the special 301 clause is for intellectual property protection and intellectual property market access and other aspects of the provisions of the super 301 is against foreign trade barriers and the expansion of US foreign trade provisions; supporting measures mainly for the telecommunications trade market barriers “Telecommunication 301” and “discriminatory and unjust practices against foreign procurement of foreign government agencies”.