Study On Anti-circumvention Of Anti-dumping

The pioneer of anti-circumvention legislation is UC and US. They have made the more complete and mature anti-circumvention legislation. At Uruguay round, the issue of anti-circumvention had been discussed, and the new anti-circumvention clause had been put forward in "Dunkel Draft Plan". But due to the huge distinction between EU and US, and Japan and Korea, the clause had been deleted at the end. However, for the important effect of anti-circumvention on international trade, it is a must and a possibility that anti-circumvention measures have been brought into WTO rules.This dissertation is composed of three parts. Part one is the fundamental theory of this dissertation. First, it tells us how the anti-circumvention measure emerges, and then it discusses the legality and rationality of the anti-circumvention measure. Part two "the research of international anti-circumvention legislation" is the emphasis of the dissertation. It analyses the anti-circumvention measures of UC, US and "Dunkel Draft Plan", in the respects of substantial law and procedure law, hoping to reflect the differences in substantial law and procedure law between those parties. UC has amended the anti-circumvention measures of Council Regulation No 384/96 in 2004. Based on Council Regulation No 461/2004, this dissertation analyzes the new anti-circumvention measures in UC with great details, which is a stress of this dissertation. Within the enforcing legislations, only UC makes a definition on circumvention generally. Of all the Chinese material gathered on hand, the understanding of the circumvention seems incorrect. This dissertation has retranslated the definition of circumvention accordance to the Council Regulation No 461/2004. Based on this definition, it discusses the anti-circumvention legislation of UC. Part three "the improvement of anti-circumvention legislation in China" starts with the analyses of the necessity of improving Chinese anti-circumvention legislation and the principles that should be conformed, and then brings forward some specific suggestions in the aspects of substantial law and procedure law.