The United States and its FTA contracting states include the cultural industry in their negative lists, to exclude treaty obligations, to set up institutional barriers and restrict the market opening. It is a new path to solve the contradiction between cultural globalization and nationalization to achieve cultural independence and diversity. Cultural industry is of great significance to its global strategy. Meanwhile its does not have a competitive advantage compared with that of the United States. Therefore, it should be properly included in the negative list of China in the Sino-US BIT for promoting its development and enhancing its international competitiveness.