The different from anti-circumvention measures of WTO,EU and USA

文/郭蓉蓉

The different from anti-circumvention measures of WTO,EU and USA

文/郭蓉蓉

When the import country has made the implementation of the provisional anti-dumping measures or the final anti-dumping tariffs (final), the antidumping measures are imposed on export production. Contrarily action, the exporter will take variety of methods to avoid antidumping duties imposed on by import country. It is often found to avoid this kind of behavior in international trade.

1 The anti-circumvention measures of WTO

Though WTO decision on anticircumvention is brief, but the importance is significant. Firstly, it relatively clears about the nature of the legitimacy of the anti-circumvention. It emphasizes that the desirability of unified rules shall apply as soon as possible in this field, and decides to submit this problem to solve the anti-dumping measures according to the agreement establishing a committee. This shows that the premise admit the legality of the anti-circumvention behavior to work. Secondly, the WTO decides anti-circumvention into WTO legal system. So it provides a space to use the anti-circumvention clause and anticircumvention action in practice.

According to the method of feasible theory, a country shall have the right within the scope of the sovereign freedom act without violating international force law. Again, the WTO decides on anticircumvention from essentially affirmation of the rationality and legitimacy of the evasive action. This suggests that the international community has recognized advantages of anti-circumvention behavior. And the most WTO members have the desire of using anti-circumvention.

2 the USA anti-circumvention measures

USA congres spassed the“comprehensive trade and competition law in 1988”. In the law, anticircumvention measures legislation at the first time. The anti-circumvention measures mainly provide for the following situation: importer assembly to evade. Trade law did not specify the value of the spare parts from dumping countries and share of manufactured goods all spare parts used by the percentage of the value. Concrete is completely decided by the U.S. department of commerce after considering the following three factors: (1) export factory and assembly plant in the United States whether contact, such as shares or money; (2) from being national assembly of anti-dumping duties, manufactured goods, or whether the imports of raw materials in the imports of manufactured goods; (3) imports of manufactured goods is belong to the same or similar as manufactured and assembled in the United States.

3 the EU anti-circumvention measures

The EU earliest enacted anticircumvention legislation of the countries` organization in the world. The latest EU anti-circumvention legislation content mainly reflects on the regulation no 384/96. About anti-circumvention measures, the EU regulation no. 384/96 three contents: to set the anti-circumvention program at the end of nine months; to apply a system of notification; to set to suspend the investigation procedure

4 contrast and enlightenment to our country

There are some similarities and differences between the three parts. For this kind of circumvention, the United States and the European Union have different object of tax law. The United States will levy a tax on anti-circumvention object which is exposed on anti-dumping duties, including product components, assembly parts or raw materials. the European Union will levy on the original parts assembled into finished goods. Although levy object is different, the purpose is to evade restrictions and constraints obviously.

According to the law of the United States, a slight change will evade the similarities and differences on the product. The European Union has similar views. It is considered that slightly change of product can eliminate anti-circumvention measures and EU anti-dumping duties including by anti-circumvention measures limit, unless there are several valid reasons.

The price is main factor for product exposed on anti-dumping or anticircumvention. It is important that export enterprises need control the price and avoid the occurrence of foreign antidumping. Therefore, the export price of China’s products should be similar to the competition of other countries. It is likely to lead to anti-dumping and anticircumvention investigation, if we price lower than the normal value of export competitor longtime. In the long run, we must increase the technological content of export products and add value and quality. This is the effective way response to antidumping and anti-circumvention.

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嘉興職業技術學院