How to deal with the anti-circumvention measures in export

文/應夢婷

How to deal with the anti-circumvention measures in export

文/應夢婷

1 the connotation of the anticircumvention measures

Circumvention is a special manifestation of dumping. Anti-dumping and anti-circumvention become legal means to protect domestic industry and prevent foreign products. When production has been imposed on anti-dumping duties, the exporter of products may change country of origin and slightly changing the material or manufacture way to enter the state market again. So it is the main measures to circumvent anti-dumping measurement.

Any implementation of antidumping measures must usually have three basic elements: one is having the dumping behavior factor. Exporters price lower than normal value of export. This is the premise of determining dumping established elements; The second is the fact of dumping damage. It embodies the products price dumping behavior to cause import country industry substantial damage or substantial threat of injury or material retardation. It is the fact to determine dumping. Three is that substantial damage or substantial threat of injury or material retardation is a causal relationship with determining dumping. When three elements is formed at the same time, the anti-dumping measures are implemented effectively.

2 our export products of anticircumvention measures and their effects

Anti-circumvention is an inevitable trend of the development of international trade. Anti-circumvention problem is the key to establish a unified, fair and reasonable international anticircumvention rules and mechanisms in order to maintain fair competition order in the field of international trade and international investment and balance the member’s trade interests.

we can export products from third countries and transship to the country. we can invest in a third country. In recent years, some enterprises chose to invest in a third country in order to avoid antidumping because of some export products in China by foreign anti-dumping, and to manage the factory or assembly and then continue to explore foreign markets. For example, the European Union announced launch anti-evading investigation to our country export of energy-saving lamps on September 8, 2004. China’s exporters diverted to the European Union after assembly energy-saving lamps to avoid the eu anti-dumping measures by Vietnam, Pakistan and the Philippines.

3 export enterprises in the face of the proposal

The anti-circumvention is the new problems developing countries in international trade facing. WTO license the Anti-circumvention trade protection measures. It has the form legitimate, easy to implement, obvious effects, long duration and other virtues,as a effective way in which developed countries protect domestic industry’s interests. Although many of the products in China have the advantage developed countries take anti-dumping to our export products not only increased, and anti-circumvention will gradually increase, will hinder the development of China’s foreign trade. So it is important to establish a unified, fair and reasonable international anti-circumvention rules and mechanisms. Anti-circumvention measures give legal rights of all countries, which is part of the multilateral trading system, in theory and practice of international anti-circumvention measures exist in the understanding of the debate. Some countries have a positive attitude on anti-circumvention measures, and think that the circumvention of anti-dumping duties is actually a form of dumping, and serious is damaged by the importer of the antidumping tax relief

Therefore the anti-circumvention measures shall be taken effectively curb such behavior. Thus import country antidumping tax relief’s effect. While others think that anti-circumvention measures are applicable to the expansion of antidumping duties, which is a form of trade protectionism, and are denial of anticircumvention measures. Therefore, Uruguay of multilateral trade negotiations failed to agree on anti-circumvention problem. Anti-circumvention measures respectively have different regulations, which is lack of necessary standards and scale. So far, the circumvention and anticircumvention measures and no unified international agreements.

the anti-circumvention measures are mainly used at countries such as USA, EU and Japan. In order to invest overseas and to establish an international enterprise group, we need to enhance overseas direct investment or processing, the assembly of products. And we should pay special attention to local laws and regulations about anti-circumvention measures to prevent fall into the trap of anti-circumvention. At the same time, the export processing enterprise in our country also should prevent or avoid unreasonable situations including doing so in a third country.

Exports suffered most anti-dumping litigation market of our country. Export commodities of the biggest in China is Primary manufactured goods in the proportion. There will be various modified forms, due to the primary manufactured goods involving multiple production process. It has low added value.

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嘉興職業(yè)技術學院