Study On Anti-Circumvention Under Anti-Dumpling Law

This dissertation, adopting study methods of comparative analysis, demonstrative analysis, case analysis and more, presents the jurisprudential basis for the anti-circumvention under anti-dumping law and a legislation overview in the world. Focused on the anti-circumvention clauses in EU and U.S. anti-dumping laws and in Dunkel Text, it stretches the analysis deep into the major elements of circumvention and anti-circumvention, incl. forms of circumvention, constitution of circumvention, anti-circumvention measures and anti-circumvention investigation. It also predicts the prospect of anti-circumvention under the WTO anti-dumping regime. Last but not least, it put forwards some constructive advice on the perfection of China's anti-circumvention legislation.Apart from the introduction and conclusion, the structure of this dissertation is as follows: the legislation overview and jurisprudential analysis on anti-circumvention, comparative study on EU and U.S. anti-circumvention legislation, anti-circumvention clause in Dunkel Text, and perfection of China's anti-circumvention legislation.The first chapter begins with a brief introduction to the worldwide legislation on anti-circumvention and lays stress on the insight into its justifiability (incl. rationality and validity).The second and third chapters carefully study the existing anti-circumvention systems at the domestic level and international level respectively. Detailed comparison is made between EU's anti-circumvention and that of the U.S. in both substantial criteria and procedural criteria. Meanwhile, the author also approaches the anti-circumvention clause in Dunkel Text, commenting on its compromise and analyzing the hidden reasons why it failed to be contained in the result agreements of Uruguay Round. Finally the author draws such a conclusion that a uniform anti-circumvention clause will soon find its entry to WTO anti-dumping code.As the study goal of this dissertation, the fourth chapter returns to the perfection of China's legislation on anti-circumvention. Our legislation available on anti-circumvention is severely inadequate, and there is a strong appeal for more effective law, especially after China's entry to WTO. Therefore, the author advancessystematic and constructive suggestion on it, and goes even further by reflecting on the problem of so-called "four sides in one country" and the solution to indirect dumping via Hong Kong.