On Rules Of Origin In The Use Of Anti-circumvention

Rules of origin are closely related with the anti-circumvention, circumvention of effective implementation depends on the application of rules of origin. Analysis of the situation being investigated in Europe and America, and China's anti-circumvention rules of origin and status of anti-circumvention legislation, and other countries of Europe and America anti-circumvention rules of origin applied to legislative experience, improve our rules of origin to its full in the anti-circumvention Role. Meanwhile, China's enterprises should thoroughly understand the relevant provisions in Europe and America on the anti-circumvention and reasonable to avoid circumvention, to avoid unnecessary trade friction. Article is divided into four parts:The first chapter describes the rules of origin and the basic theory of anti-circumvention. Rules of origin, is to determine the origin of the goods by the state, a separate customs territory, or regional trade groups to laws, regulations, administrative decisions or international agreements of the way the rules or standards. Rules of origin generally include three aspects:the origin criteria, direct shipment requirements and certification requirements in writing. Origin criteria are the core rules of origin refers to a country (or region) used to measure a product for the national (or regional) production or manufacture of standard or scale, is the basis for issuing certificates of origin. At present the origin of the three criteria:the standard processing procedures, standards and change in tariff classification from the value-standards. Avoid the use of rules of origin refers to the driving motivation of the parties in the profit and avoid loss, the use of substantial transformation standard, by importing countries or third countries for the production or processing and transit through third countries who wish to change the origin of imported goods to avoid importing country of origin on goods from particular countries should apply the provisions of the relevant force. Circumvention is to limit the importing country so constrained by the production of anti-dumping or exporters importing countries using various means to circumvent the dumping of goods on the behavior of anti-dumping order, to the domestic industry to provide legal relief.The second chapter of the U.S. and Europe in the anti-circumvention rules of origin in the use of anti-circumvention legislation in the region's characteristics, and make proper reference to pave the way our legislation. EU anti-circumvention legislation or practice has two characteristics, namely, the identification and anti-circumvention rules of origin with the implementation; the second is in operation greater discretion. This discretion manifested mainly through two ways:First, the calculation of the proportion of the value components; the second is the origin of the identified criteria. The existing system in the United States there are two kinds of origin to determine the rules applicable in the anti-dumping to avoid a new, higher standard rules of origin, and the Commerce Department finds dumping to avoid the criterion of the origin of the right to have a larger suicides.The third chapter describes wave of the anti-circumvention issues facing our country. The problems facing our country is mainly reflected in three aspects:first, the foreign anti-circumvention legislation specifically enacted more stringent rules of origin, making China's enterprises often suffer from anti-circumvention investigations abroad, becoming the biggest victim of international anti-circumvention investigation; second, due to lower our standard of origin, which attracted some foreign invested enterprises in the processing and assembly plants in China to avoid anti-dumping sanctions against other countries, resulting in China's enterprises to be included in the scope of third-country circumvention; Third, China's anti-circumvention non-viable legislation, lead to foreign enterprises in China to avoid anti-dumping measures can not be sanctioned.Chapter IV presents the legislative proposals and business Strategy For China's enterprises often suffer from anti-circumvention investigation, also made some corresponding countermeasures. First, overseas investment companies set up factories in China to establish wholly owned enterprises or joint ventures, with particular attention to the serious conflict of those markets, industries and sensitive sectors in the local. Second, China's enterprises in the establishment of overseas processing and assembly plants, the importing country should be based on specific provisions of the law, scientifically control the processing and assembly in a third country products used in the assembly of components in the proportion of the total cost of product, it does not exceed the specific percentage of the importing country. Third, China's enterprises should make full use of the importing country's rules of origin, so that our companies assembled in a third country investment products based on relevant laws and regulations of the importing country can be recognized as having the third country of origin. Through the anti-circumvention rules of origin and the status of the system at the international level, development prospects and analyzes the actual situation in China, I believe that in achieving the anti-circumvention, we should improve the rules of origin first, then the time is ripe improve the existing anti-circumvention laws. Rules of origin for the current existence of the defect, I believe that the development of domestic products should be the origin of higher standards, should be implemented on the processing trade products, the origin of differentiated standards.