| With the process of trade liberalization,countries are increasingly strict in the regulation of dumping practices.In order to pursue the greatest commercial interests,producers try to bypass laws,regulations and trade measures against them or enjoy the preferential treatments,which should not apply to them through various forms.That is how circumvention come into being.The main mode of circumvention is to change product tax classification or the country of origin of the importation to circumvent the anti-dumping duties imposed by the importing country government on certain types of specific products from the exporting country.There are different considerations when recognizing circumvention and drafting regulations on anti-circumvention,for this reason,no conclusive judgment on the anti-circumvention measures has been made throughout theinternational community.In the case of no conclusive international treaties and different economic interests of different countries,all countries regulate circumvention through domestic law.By comparing the anti-circumvention measures and the domestic laws and anti-circumvention cases in the European Union and the United States,it is concluded that under the existing framework of GATT and WTO,only the rules of origin can be used to regulate the evasion behavior.Therefore,it is particularly important to determine the country of origin of the product whose producer has conducted potential circumvention.Under the current circumstances of international trade of goods,it is necessary to clarify the relationship between the rules of origin and the circumvention and analyze the use of rules of origin in the European Union and the United States when regulating circumvention behavior.Afterwards,we are capable of making rules that are more specific on the recognition of China's origin of certification and circumvention,which fits the industrial structure adjustment,by adapting the anti-circumvention parts which in accordance with the current trade mode. |
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