The Study On Anti Circumvention Rules Under Anti-Dumping System

Along with the development of international trade, the enforcement of anti-dumping confronts more and more difficulties, as importers tend to walk around the anti dumping steps they burdened for obtaining trade interests. Since 1987, EEC and USA has noticed that and established their own anti circumvention regulations separately; globally the Uruguay Round negotiation of WTO initialed a discussion for the issue, in order to balance interests of different parties and establish the international rules of anti circumvention, but it failed to carry out. Luckily, among this around, the Dunkel Draft has been discussed by all the parties involved, and the Minister published a text that it will be left with Informal Group of Anti Circumvent for further discussion. Therefore, we believe that it will come to effect one day in the future.The paper is divided into six chapters.Chapter1 starts with the introduction of the definition of Anti Circumvention and how it figures, then makes a legal definition and the category to circumvention, and gives the advice to define Anti Circumvention, according to the background of the legislation of USA, EEC and the discussion about Dunkel Draft.Charter2 is elaborates the analysis of the reasonability of making Anti Circumvention rules, from angle of both theory and practice, with studying its effect to Anti-Dumping and international investment. On the other hand, analyzes its accordance with WTO principles, Marrakesh Agreement on Establishing the World Trade Organization, and Panel Report, to indicate that it really conforms to WTO rules.Charpter3 and Charpter4 introduce the content of Anti Circumvention regulations of USA and EU separately, including substantial and procedural rules, with legislation improvement and cases, then to compare them in next Chapter. Besides the compare as latitude, Chapter5 also compares Dunkel Draft and the regulations of USA and EU as longitude, in order to provide the base for advice on Chinese rules in this field.The last Chapter combines the experience and compare of Anti Circumvent rules listed above, make plans to establish China Anti Circumvention Rules System, and give advice to the problem on present legislation and relevant problem in practice in China.