Research On Third Country Circumvention In Anti-dumping Law

With further deepening of reform and opening-up, competitions for interior market proportion of china between foreign companies and our domestic industries become more and more sharply. Anti-dumping are no longer the exclusive privilege for other countries aiming at export products of our country. Under this situation, it is natural for those foreign companies who are not willing to give up dumping tactics to take advantage of various circumvention measures for continuously dumping products to china. Third-country circumvention will always be one of their choices because of its unnoticeability and complexity. Since the contents of anti-circumvention system (including anti-third-country circumvention) in our anti-dumping law system is too simple, the author tries to examine the defects of the concerning systems and to render some advises for its improvement, based on comparison research of the system constructions of the EU and the US. This article includes four parts. The first part introduces the historical evolution of anti-circumvention system of anti-dumping law, which sets foundation for the following discussion. The second part is a comparative study about the system structure of the EU, the US and the Dunckle Draft. By analyzing the common points and differences among the above three, the author points out their specialties and limitations respectively. The author believes that it can work as the prelude of examination of the defects of our system and of suggestions for its improvement. The third part introduces the general conditions of our anti-dumping practice and evasion of anti-dumping so as to offer practical backgrounds for examination of our system defects and suggestions of its improvement. The forth part emphasizes on the analyzing of main defects of the system structure of anti-third-country circumvention in our anti-dumping law, based on which suggestions for improvement are rendered in five aspects: clearing of value tendency for law making, selection and construction of system mode, perfection of rules, functional institution and establishment...