Study On Application Of Rules Of Origin In Anti-circumvention Investigation Of United States And Strategies

The rules of origin has a long history in international trade, and the rules of origin had its genesis in the need for country-specific trade statistics. But with the increasing international competition and investment activities, the rules of origin are gradually as the tool of a kind of non-tariff trade barriers, that used in all kinds of international trade activities. Among them, the application of rules of origin in anti-circumvention is widely concerned. Anti-circumvention is the development of anti-dumping, that is the extension and complement of anti-dumping. The object of anti-dumping measures is a specific product in country-specific. Anti-circumvention is in use of the rules of origin to change the country-specific that is identified in the anti-dumping duty order, which is to evade the punishment of anti-dumping duty order.This paper mainly studies the concrete application of rules of origin in anti-circumvention legal system on the United States. As is known to all, the United States is a commom-law country.The origin of product is adjudged in form of case-by-case in the anti-circumvention investigation. The criterion of origin have unified regulation on the international, which contained wholly obtained and substantial transformation.The criterion of substantial transformation have differences in these two criterion. The establishment of the substantial transformation comes from the United States, but there is no clear definition about it in the United States. In 1973, the substantial transformation criterion was subdivided into three specific criterion by the Kyoto convention. They are criterion of change of tarrif classication, ad valorem percentage criterion and criterion of manufacturing or processing operation. Then WTO again confirmed these three specific criterion by the rules of origin agreement, which made its have effect to members. Though, the United States applied the criterion of substantial transformation about the problem of origin in the anti-circumvention investigation, when determining if the product had substantial transformation does not use the above three specific criterion. But the United States has a set of rules in the anti-circumvention investigation,which makes the United States has two different sets of rules of origin. They are the general rules of origin that customs applied on the importing and exporting goods and specific rules of origin that the ministry of commerce applied in the anti-circumvention investigation.This paper analyzed the current situation that our country suffered from the anti-circumvention of the U.S.A. and sumed up the features that the United States launched anti-circumvention investigation. The forms of anti-circumvention are diverse in the United States. Anti-circumvention investigation of the United States has strict procedure, and the ministry of commerce has great power in the anti-circumvention investigation.The anti-circumvention investigation launcher by the United States that are against Chinese products to verify the rules of origin taking before and is consistent with the theoretical analysis.Due to the situation that our export products frequently suffered from anti-circumvention investigation of the United States and put forward three specific measures. Firstly, our government should promote the establishment of the international uniform rules of origin actively in the international multilateral trade negotiations; Secondly, we should establish a perfect litigation mechanism in our country to coordinatein the investigation in the anti-circumvention investigation; Thirdly, we need improve enterprise management system and strengthen the innovation of the export products, to transform the traditional pattern of export trade.