Anti-circumvention Measures Legal Issues

Anti-circumvention measure is the important component of antidumping law. As the international trade competition become stronger and international investment increase more frequently day by day. It appears when antidumping law develops to some phrase. It is the outcome of extending of antidumping measure. As the multilateral trade negotiation continues, the tariff level of countries declines .At the same time the exporting countries use dumping which is a kind of unfair trade way to enforce their competitive ability. Under these circumstances, the importing countries use antidumping measures one after another to reduce the negative influence of dumping and relieve the domestic industries. As the enforcement of antidumping measure, the exporter whose product is subject to antidumping duties tries to reduce or avoid them by all kinds of circumventions. The goal of various countries and WTO antidumping law cannot be attained because of these circumventions. In order to maintain the valid function of antidumping laws, importing countries begin to confine and punish these circumventions according to law, that is to say, using anti-circumvention measure to relieve the domestic industry injured by these circumventions.EU and US anti-circumvention legislations are typical of the developed countries. The contents of those legislations are abundant and perfect, but at the same time they also arouse lots of arguments, because some provisions are too flexible to grasp. There is not any united international anti-circumvention legal regulation so far. But the anti-circumvention provisions of the Dunkel Text reflect the hope of international community to draw up united international anti-circumvention legal regulations, which can settle down the trade disputes. I believe that united international anti-circumvention legal regulations shall be drawn up and brought into the WTO antidumping law system in the future.Article 55 in new Chinese antidumping regulation has several provisions on anti-circumvention problem, but these provisions are too simple and vague to operate. So it is very important to draw up detailed and perfect anti-circumvention legal provisions after using the merits of EC and US related legislations for reference. At the same time, these provisions should be drawn up conform to our national conditions.Foreign anti-circumvention laws are only simply introduced in our country nowadays, but not analyzed thoroughly. Thus, the purpose of this dissertation is to study the history, status, legality and rationality, developing tendency of anti-circumvention measure legislation, and give some suggestions on improving legislation of anti-circumvention in our country. This postgraduate dissertation is guided by my tutor professor Zhao xueqing.This dissertation is composed of four parts. Part one is the fundamental theory of this dissertation. First, it tell us why the anti-circumvention measure emerges, then conclude the categories of circumvention and define the conception of it, at last it discusses the legality and rationality of the anti-circumvention measure. Part two introduce and compare the UC and US anti-circumvention legislations. First it analyses the provisions of EC and US Anti-circumvention separately, furthermore, analyses the similarities and differences between them. Part three expresses the view of author on constructing international anti-circumvention legislation. First it introduces the anti-circumvention provisions in Dunkel Text and tells us why they are deleted, then expound the necessity of drawing up the united international anti-circumvention law, at last the author concludes some principles which should be conformed in the future. Part four is the most important part of this dissertation, it expounds the necessity of improving Chinese anti-circumvention legislation and the principles should be conformed, and then bring forward some concrete suggestions.