Study On Anti-circumvention System

With the continuous development of the international economy trade, anti-dumping, countervailing and safeguard measures already became the important trade relief measures the countries took to protect the domestic industries under the intense market competition environment. But circumvention makes the related industries of the import country once encountered the damage or damage threat face the same crisis again. Circumvention is an improper competition behavior, it runs counter with the fair competition principle that WTO suggests. In the meantime, anti-circumvention legislation has its own rationality and necessity.At present the countries (districts) with quite mature anti- circumvention regulations are Europe Union and America. The Europe Union's basic anti-dumping regulations first give the definition of circumvention, then enumerates several kinds of main circumvention behaviors. In the Omnibus trade and Competitiveness Act of 1988 of America, circumvention behaviors are typed item by item, and related constitution requirements are ranked in the rear of each kind of circumvention behavior. Each of them has its merits respectively. The anti-circumvention provisions in the Uruguay Round Dunkle draft are formulated in profits from the anti-circumvention legislation of Europe Union and America, and based on synthesizing various countries' actual situation. Although these provisions were finally deleted, their influence is profound.The provisions in China law that regulate circumvention are principle and less practical, which cannot follow the requirement of anti-circumvention in reality. Consequently to consummate the anti-circumvention regulation, specially the anti-circumvention provisions of Foreign Trade law of China, make these provisions have actual feasibility, can prevent the foreign exporter's circumvention behavior effectively, promote the domestic industries developing, and maintain the economic security of China.