유럽연합의 우회덤핑방지제도에 관한 연구

Research on the Anti-Circumvention System in the EU

The most popular methods for evading or circumventing anti -dumping duties can be divided into two categories, namely circumvention related to the product scope of the anti-dumping measures and circumvention related to product from a certain country. However there is no provision in the GATT Anti-dumping rules regarding approved measures against circumvention. Therefore, some of the leading countries in international trade have depended on unilateral measures. The ED, for instance, enacted a Regulation against the circwnvention of Anti-cJwrPng duties by sub-aSSffiVly dtmPng. Basically, there are some problems involved. First, given that the ED anti -dumping rules were adopted in accordance with Article VI of the GATT, Anti-dumping duties shouJd be imposed where dumping is established ad injury is caused by reason of dumped imports. Second, it could be argued that any exception to the GA 11 gjves a justification to impose anti-circtunvention duties, where the imposition of duties is not allowed because dumping id likely but not established in accordance with Article VI of the GATT. Finally, it is questionable whether Anti-circumvention rules should be permitted the coverage of an order to parts or new products. In this case, it must be recalled that Anti-dumping duties should be imposed only injurious dumped imports.