A Study Of Circumvention Of Anti-dumping And Anti-circumvention

Many countries take the anti-dumping law to protect their own domestic industry against dumping under the development of international economic and trade. So exporters take many kinds of ways to evade anti-dumping sanction. These shall be circumventions. The term "circumvention of anti-dumping" means exporters take all kinds of ways and means to reduce or evade the anti-dumping duty when their products were imposed anti-dumping duty. Circumvention is a measure exporters taking under the free trade system of WTO. It is an inevitable outcome of anti-dumping. Anti-circumvention shall be a kind of anti-dumping measure against circumvention actions.European Community (EC) and U.S.A took anti-circumvention practices and legislation in the early eighties, 20~th century . EC384/96 Art.13 and the Omnibus Trade and Competitiveness Act of 1988 of U.S.A specifically provide anti-circumvention. The Anti-dumping Regulation of the PRC Article 55: The Ministry of Commerce may take suitable measures to prevent actions to evade anti-dumping measures. The Regulation doesn't clearly formulate what the suitable measures are. It is difficult to hold how is suitable in practice because there are different understandings.The essay mainly deals with the subject of anti-circumvention system. It introduces the concept, composition, types of circumvention and anti-circumvention, and relation between the two. It also comparatively studys anti-circumvention legislation of EC, U.S.A. and relevant provisions of Dunkel Clauses. And it sets forth Chinese anti-circumvention legislation and judicial practice. Finally it is concluded that under the present trend of international anti-dumping, China should absorb and draw on the experience of anti-circumvention legislation of EC and USA, and reasonable part of Dunkel Clause to make our own anti-circumvention law in order to enhance Chinese economic international competitiveness.