Anti-Circumvention Measures In International Trade And China's Counter-Measures

Anti-circumvention is a result of more and more intensive competition in international trade at present, and is also the result of the development of anti-dumping measures. Because China is the biggest country that suffers from anti-dumping investigations, many enterprises circumvent anti-dumping duty in order to come back to the market of EU and U.S. We can predict that anti-circumvention investigations against China will increase with the development of our economy. So this topic is very practical.America and Europe Union are the countries (district) that regulated the anti-circumvention measures with formal laws earlier than any other country. As for Europe Union, 3283/94 Antidumping Regulations stipulates two circumstances of circumvention: one is the assembly operation in the Community; the other is assembly operation in a third country. In the meantime it also includes other forms, such as untruthful declaration about origin of products; importing whole separated parts of the product; making some slight alternations on the products. As far as American is concerned, 1988 Trade Act stipulates four situations of circumvention: Merchandise completed or assembled in the United States; merchandise completed or assembled in third countries; minor alterations of merchandise; later-developed merchandise. Both of them have their characteristics. In the Uruguay round, the anti-circumvention provisions of Denkel Draft were not passed finally because of the strong objection of America, Japan and developing countries.Comparing with US and EU, China is just at the first step of anti-circumvention legislation. In Anti-dumping Regulation of PRC of 2004, only Article 55 regulated some simple provisions which said Commerce Department could adopt necessary methods to avoid circumventions. The provisions are too simple and vague to operate. This isn't fitful to the situation of China, so it is very important to draw up detailed and perfect anti-circumvention Legal provisions.This article analyzes the development, situation and application of anti-circumvention measures of EU and U.S., analyze their similarities and differences, analyze China's situation of circumvention and anti-circumvention as well as explains their influence to our economy. And give advice on how to perfect our anti-circumvention provisions for our government and how to face anti-circumvention applications for our enterprises.