Circumvention Of Anti-dumping Problem Research And Implications For China

As China became a member of WTO in 2001, we are encountering more and more serious trade relieving problems. Till mid June 2004, all the trade relieving law cases against China are touching the number of 680, among which, US and EU have won the first two prizes with 112 and 110. Among these trade-relieving cases, anti-dumping is most one, and China has been the most serious victim of it. As anti-dumping's wide spreading, circumventing anti-dumping is developing like a raging fire, which is increasing in categories and becoming more and more effective. We must be on guard against it as well as study it to avoid it.At present, the anti -circumvention legislations of EU and US are typical examples of the developed countries. The contents of those legislations are abundant and perfect and have already been practiced to maintain the valid function of anti-dumping measures. Till now, EU has set up fourteen anti-circumvention law cases against China, among which eight cases have been concluded. There is not any united international anti-circumvention legal regulation so far. At Uruguay round, the anti-circumvention clauses in "Dunkel Draft Plan" hadn't been passed for many members' disapprovals, but the anti-circumvention clauses have been approved to be lawful, and the international community's drawing up united international anti-circumvention legal regulations is a tendency.Comparing with US and EU, China is just at the first step of anti-circumvention legislation. In the "Foreign Trade Law of PRC" and "Anti-dumping Regulation of PRC", there is only some fundamental provisions which said DOC could adopt necessary methods to avoid circumventions. The provisions are too simple and vague to operate. This isn't fitful to the situation of world economic globalization, so it is very important to draw up detailed and perfect anti-circumvention legal provisions.For now there are small number scholars studying this problem, it is very difficult for me to collect the demanding materials, but I still insist on this subject,hoping to do a little contribution to the this problem's study and to our country's anti-circumvention legislation. But because of my limited knowledge, there must be many mistakes in this article, so sincerely, I hope that professors and teachers will forgive me and help me to correct it, I will be so grateful.This essay consists of four parts. Part one provides the summarize of anti-circumvention, including the causes of circumvention and the concept of anti-circumvention. Part two presents the contrast of anti-circumvention legislations of EU, US and Dunkel Draft Plan, including analyzing the detailed clauses. Part three focuses on our companies' situation facing circumvention and anti-circumvention as well as explains their influence to our economy. Part four is the essence of this article, giving advices on how to perfect our anti-circumvention provisions for our government and how to circumvent anti-dumping for our enterprises.