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Research on Countermeasures of Anti-Circumvention for Our Enterprises

With the final realization of WTO frame and continuously decreasing of tariffs level, all countries begin to strengthen measures of Non-Tariffs Barriers, as an important measures among them, anti-dumping measures have been given more and mo

Submitted On: 04-01-2010 | Views:
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With the final realization of WTO frame and continuously decreasing of tariffs level, all countries begin to strengthen measures of Non-Tariffs Barriers, as an important measures among them, anti-dumping measures have been given more and more attention. All countries try to amend and supplement their anti-dumping legislations, employ antidumping measures frequently, thereby to intensify protection for local manufacturers and local market. Under this background, after levied high antidumping duties, in order to seize back the missing market, the exporter try to circumvent antidumping duties through such kind of methods as the importing country assembly, the third country assembly, slight changes of goods and development of goods. Anti-circumvention rules are made correspondingly to avoid these kinds of circumvention methods, its global implementation further strengthen the effects of anti-dumping methods. According to statistics after joining WTO, a total of 23 anti-circumvention investigations have been launched against China, including EU 15, United States 2, Mexico 3, Turkey 2, and Argentina 1. Obviously, China has become the biggest victim of anti-circumvention investigation. With the further opening of China's markets, the import and export will be more active. Facing growing international wave of anti-dumping and anti-circumvention, we must face a series of new problems: China how to adapt to the rules of international trade competition, master and improve the respondent skills, deal with anti-dumping and anti-circumvention actively, meanwhile, make rational use of anti-dumping and anti-circumvention rules to protect China's related industries, etc. Referring the above problems, our government, related departments and all import and export enterprises must focus more attention, more study to solve them.This essay adopts theoretical analysis, empirical analysis and comparison analysis, by massive, full and accurate data, tries hard from macroscopic and microscopic views to provide our enterprises feasible measures and suggestions comprehensively and prospectively. Firstly, Introduce the conceptions of circumvention and anti-circumvention, analyze the nature of anti-circumvention, conclude that "Anti-circumvention system is a double-edged sword, it can contain the circumvention of anti-dumping effectively, as well as it will become a magic weapon for the protectionism if it is not used properly or abused, thus exerting unfavorable effects on international trade and international investment". Secondly, summarize current several kinds of circumvention methods, introduce current worldwide legislations referring anti-circumvention, through comparison of them, make further research on anti-circumvention methods, try to supply a theoretical basis and support for our enterprises' countermeasures. Thirdly, make a detailed analysis on new development environment for our foreign trade after joining WTO. By comparing the rapid development of foreign trade and the frequent trade friction in China, especially put emphasis on analysis of anti-dumping trend against China, suggest that "Global Enforcement of Anti-Circumvention Measures Enhance the Effect of Anti-dumping against China "。Finally, Make a depth analysis on the anti-circumvention situation in China and the influences to China, from macro and micro views, try to analyze the reasons of our suffering from anti-circumvention, accordingly, present countermeasures and suggestions. On one hand, prompt construct our anti-circumvention legislation to prevent the anti-circumvention from foreign exporters, thereby furthest protect and guarantee the benefit of our industry and our country. On the other hand, under the frame of WTO, for our government and our enterprise, they should try to adopt soundness and recessive instrument to circumvent foreign anti-dumping measures on our exports, thereby to preserve our available international market and advance our inter industry competition.

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