Research On The Rules Of Origin In China's Anti-circumvention

"Circumvention" means "bypass" or "escape".This paper studies circumvention anti-dumping in the international trade law,so circumvention refers to a method which is in order to bypass or avoid anti-dumping duties.The assembly circumvention is the most popular way in circumvention anti-dumping measures,this practice changes deliberately country of origin in order to escape anti-dumping measures which have applied to products.Nowadays,US and EU have advanced law about anti-circumvention and rules of origin.They use rules of origin to judge the origin of products which may have circumvention.However,only article 10 in Chinese rules of origin introduces one clause about anti-circumvention.This article is too rough to useful in practice.In the light of this,this paper will study the rules of origin in anti-circumvention.In general,this article mainly uses some research methods,such as case studies,the empirical method and so on.It is divided into four parts to discuss the rules of origin in anti-circumvention in China.Part one briefly presents general overview of the rules of origin.This part mainly introduces the dumping,circumvention and the importance in rules of origin in anti-circumvention.The importance reflects two aspects,one is imported countries can use rules of origin to realize the aim of circumvention anti-dumping;the second is judging circumvention behaviors depends on the rules of origin.Part two mainly analyze the status quo and problems of rules of origin in our anti-circumvention.There are two problems.First,the standard is low and there is no standards of origin which according to the nature of the product;Second,the legislative is too rough to useful in practice.The third part of this paper introduces rules of origin in anti-circumvention in the United States and the European Union.Their rules of origin can be summarized as three characteristics.First,US and EU set up a special rules of origin to regulate circumvention behaviors and this special law can protect effectively to domestic industries.Secondly,US and EU have more power to determine the origin of a product in the assembly circumvention.Finally,they expand the application of circumvention.The last part is about how to build the rules of origin in China.Before deciding how to perfect the legislation,we need to consider about why we must improve our rules of origin and why this is the most reasonable way now.Reasons why currently China should insist on giving priority to improve the rules of origin is that it is necessary to prove our rules of origin to regulate circumvention.Secondly,every party of WTO has right to regulate its rules of origin only if it does not break its obligation under WTO.Finally,rales of origin meet the needs of our country.As a result,this paper puts forward some new ideas on how to improve our rules of origin.