A Study On Anti-Circumvention Measures

After Kennendy Round and Tokyo Round, the contracting parties of GATT undertook the duty of tariff concessions so that the tariff level has been largely reduced. On the other hand, due to escalation of trade war among countries, some developed countries began to strengthen their non-tariff trade barriers, especially anti-dumping measures. Under this circumstance, the exporters that have been levied on anti-dumping taxes came up with all kinds of counter-measures to circumvent anti-dumping measures, such as importing country assembly, third country assembly etc. To deal with them, EU and US began to restrict or punish this kind of circumvention by law. Anti-circumvention measures as the latest development of anti-dumping law of EU and US since the middle of 1980, have become another new and effective legal protective measures. It is called "supplement and extension" of anti-dumping law.There are mainly three systems of international anti-circumvention rules, i.e. (1) EU anti-circumvention rules, whose core is Article 13 of 3283/94 Regulation passed by EU Council; (2) US anti-circumvention rules, whose core are the clauses under the Omnibus Trade and Competitiveness Act (1988) and the case law; (3) the anti-circumvention clauses in Denkel draft which were discussed during the Uruguay Round negociations. Anti-dumping law is a new thing in China, and the problem of anti-circumvention has not emerged. Accordingly there is only one brief clause concerning anti-circumvention measures under our anti-dumping law. But when China enters into WTO, anti-dumping measures will become an important way to protect the domestic industries. Then foreign producers' circumvention will become more and more. It is extremely necessary to enact our anti-circumvention rules. This thesis will explore and study anti-circumvention measures on the basis of comparative and case-by-case analysis. The author hopes to offer a contribution to perfect our anti-dumping law.The article is divided into five parts.Partâ… discusses EU anti-circumvention legislation and practice. From the main body of this part, we can see how EU anti-circumvention measures have developed to be compatible with GATT/WTO rules. "Chinese bicycles" is a typical case in the respect.Part â…¡ discusses US anti-circumvention legislation and practice.Part â…¢ addresses anti-circumvention clauses in Denkel draft, from which we can see the differences between the US proposals on anti-circumvention that were submitted during the Uruguay Round negociations and the Denkel draft. It is the most important reason that results in the failure of anti-circumvention rules under WTO system.Part â…£ turns to analyze the legitimacy of anti-circumvention rules. This question has been hotly debated by a lot of scholars. Finally, Partâ…¤draws some conclusions and expresses some suggestions.