Circumvention Of Anti-dumping Research

Circumvention and anti-circumvention emerge along with the development of anti-dumping as international economic competition intensifies. Circumvention against anti-dumping measures refers to the practices adopted by manufactures or exporters to retain their market share and neutralize the anti-dumping measures when their products are confronted with anti-dumping sanctions in the importer country. The development of anti-dumping law entails legislation on anti-circumvention practices, which have its rationality and validity.Special anti-circumvention laws have been successively formulated by countries in recent years in an effort to prevent circumvention practices from damaging the interest of domestic industries, and anti-circumvention legislation has gradually become an important constituent of the anti-dumping law. The most scrupulous and complete prescriptions on anti-circumvention can be found in the laws of the European Union and the USA, which are the first to start legislations on anti-circumvention. In contrast, current anti-circumvention legislation in China, which has many principle prescriptions and is difficult to implement in practice, is subject to further revisions and improvements.This dissertation consists of five parts. The first part gives a brief introduction of anti-circumvention, including its definition, cause, rationality and validity. An overview of issues concerning circumvention and anti-circumvention is also included in this part. The second and third parts, which are devoted to a comparative analysis on anti-circumvention legislative practices in the European Union and the United States, focus on legislation practices on the features of anti-circumvention, their identifications, the calculation of the value of some components and parts as well as mechanisms concerning the operation of the anti-circumvention measures in developed countries. The fourth part makes an introduction of GATT's efforts in unifying the anti-circumvention rules across the globe and the anti-circumvention prescriptions in the Dunkel Text in the Uruguay Round, with comments on the historical influence, significance and limitations of the Dunkel Text. Based on a review of the present legislation on anti-circumvention in China, the final part of this dissertation offers an analysis on the significance of the improvements of China's anti-circumvention legislation and major principles that should be followed in this process. A few of suggestions on the further improvement and development of China's anti-circumvention legislation are also presented in this part.