Toward a Trade War between China and the United State? Section 301 Investigation against China

Abstract

The USTR has recently declared to initiate an investigation toward China under the Section 301 of the Trade Act of 1974 which seeks to determine whether measures China takes in regard to technology transfer, IP, and innovation are unreasonable or discriminatory. The investigation under Section 301 includes 'Section 301,' 'Super 301' and 'Special 301.'4 Such legal process does not rely upon international law, but American domestic law to initiate trade investigation against American trade partners. Thus, it has long been complained as a unilateral means based on American hegemony.