Study On The Anti-circumvention Law Under The Anti-dumping Law

Anti-circumvention is a result of more and more intensive competition of the international trade at present, and is also the result of the development of anti-dumping measures. Therefore, it is bound to be required that laws regulate the circumvention of anti-dumping when the anti-dumping law develops to some stage. In the meantime, anti-circumvention law has its own rationality and necessity.America and Europe Union are the countries (district) that regulated the anti-circumvention measures with formal laws earlier than other countries. As for Europe Union, it stipulates two circumstances of circumvention: One is the assembly operation in the Community; the other is assembly operation in a third country. In the meantime, it also includes other forms, such as untruthful declaration about origin of products; importing whole separated parts of the product; making some slight alternations on the products. So far as American is concerned, it also stipulates four situations that will be regarded as circumventions of anti-dumping law: Merchandise completed or assembled in the United States; merchandise completed or assembled in other foreign countries; minor alterations of merchandise; later-developed merchandise. Each of them has its traits respectively. Although the "Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994" had been passed since the Uruguay Round, the items about anti-circumvention were not passed finally because of the strong objection of America and Europe Union.At present, there are just some principle regulations on the anti-circumvention in China, which are less practical and cannot follow the requirement of anti-circumvention in reality. Consequently, we should accelerate the enactment of specific law to regulate the circumvention. At the same time, the latest anti-circumvention laws in America and EU affect our enterprises in some aspects negatively. Therefore, some related departmentsand enterprises should know and analyze the anti-circumvention laws of America and EU to make some preparations.