Research On The Legal System Of Anti-circumvention

With the continuous improvement of the national anti-dumping laws, dumping activities in order to monopolize other countries' market was severely punished by importing countries. So exporters take various activities to reduce or evade the control of anti-dumping laws of importing country. Anti-circumvention is a kind of anti-dumping measure against circumvention actions. At present, Europe and United States have established a relatively mature anti-circumvention system. It causes its anti-circumvention actions have legal support, effectively extended the anti-dumping protection effect and play a positive role in protect their country industry .Anti-circumvention in Europe and United States is a model for the establishment of anti-circumvention system.The rules in anti-circumvention laws in China, which are mainly some general principles, could not been specifically applied in practice. The attempt to establish uniform international anti-circumvention rules was aborted, so there are no uniform international rules. However the Decision on Anti-circumvention agreed in Uruguay Round indicated that the uniform international legal system would some time or other be legislated. So that study the legal system of Europe and USA in anti-circumvention would be contributive for China's legislation development in the corresponding field, and be significant for solving the circumvention of the antidumping rules in China and protecting economic interests of the country.Apart from introduction and the conclusion, the thesis includes four parts.The first part of the thesis illustrates the fundamental theory of anti-circumvention system. It concludes definition of the circumvention and anti-circumvention, the validity of the anti-circumvention, the correlation between anti-circumvention and relevant systems and the values of anti-circumvention legal system. The Establishment of The World Trade Organization Agreement and Decision of Anti-circumvention are provided a legal basis for anti-circumvention, and the expert group on "screw case" did not deny the anti-circumvention system's validity. The values of it is promoting fair competition, securing national economy and reconciling interest conflicts. The anti-circumvention is the product of the anti-dumping. The anti-circumvention and origin rule's relation mainly manifests on recognize of circumvention behaviorThe second part investigates the anti-circumvention legal system in Europe and USA. The thesis studies the substantial rules and procedural rules of the two systems and analyzes them in comparison. The difference are definition of circumvention, classification of circumvention, determine method of the value of parts and procedural of investigate.The third part examines the anti-circumvention rules in GATT/WTO. The anti-circumvention rules in GATT fasten on Dunkel Draft. The Dunkel Draft regulates circumvention by assembling in the import country and third country. But it was abandoned due to the objection of Europe and USA. The members of WTO could not make consistency in the recognition and solution of circumvention actions, and could not make agreement on legislating uniform rules. But we think that according to the interaction practice between international law and domestic law, on the consultation among countries, the uniform rules will establish in the future.The forth part analyzes the actuality of the anti-circumvention in China and proposes ways to perfect the system. To solve the problems brought in by the simpleness in the anti-circumvention legal system, China's legislation should draw experiences from the rules in Europe and USA, make it integrated with Chinese practice and the forthcoming regulating rules should keep pace with the legislation trend of WTO in the area. In addition, China need define clearly the concept and specific behaviors of circumvention and be favorable in procedural provisions.