Research On China’s Anti-Dumping Investigation Rules Of Origin Avoidance

Anti-dumping measures as one of vital approaches of international trade remedy are frequently used by many countries,accompanied by the anti-dumping measures to evade the commercial countermeasure behavior is also increasing.Exporters’ evasion behavior relies on the rapid development of trade liberalization,and its purpose is to avoid punishment and save taxes.Among so many kinds of avoidance behaviors,the place of origin avoidance is the most common.With the accelerating step of international economic integration,it has become increasingly obvious and consequently become significant issues of international trade remedy law system when the whole countries faced the problem of circumvention and anti-circumvention.Now China’s the place of origin avoidance in the aspect of legislation,law enforcement and judicial deficiencies exist,has already constrained China’s import and export trade and damaged the interests of China’ s foreign trade,which means that we must attach an importance to establish and perfect the rules of the original country of China’ s anti-dumping to circumvent.This article takes the circumvention of origin in anti-dumping as the research object,which is divided into four chapters.Specifically:The first chapter analyses the relevant notions and approaches of anti-dumping,as well as the definition and sorts of circumvention of origin,which proceed from China’ s actual situation,and uses the theory of circumvention effect to demonstrate the ineffectiveness of circumvention of origin.The second chapter is surrounded by the legislative issues of origin circumvention in China and the implications of extraterritorial legislation,specifically a comparative study between extraterritorial legislation and China’s legislation in the substantive content and procedural content on origin circumvention,and finally summarizes the advantages of various rules for China to select the best for reference.The third chapter pays attention to the specific analysis of the implementation of anti-circumvention of origin laws in China,including law enforcement issues and judicial relief issues,and draws the corresponding experience by comparing the implementation of anti-circumvention laws outside China.The fourth chapter,on the basis of the situation of anti-circumvention of origin in China and the essence of foreign legislation,propound to perfect anti-circumvention of origin in anti-dumping,including standardizing legislation mode of anti-circumvention of origin in anti-dumping.Refining the entity content of anti-circumvention of origin in anti-dumping;Clarifying the content of the procedure against circumvention of origin in anti-dumping;To strengthen the inspection of origin and strengthen the mechanism to deal with the law enforcement problems and improve the judicial relief system against circumvention of origin in China.