欧美反规避贸易救济模式及启示

通常认为反规避是反倾销的重要延伸和发展,然而反规避在一些国家的立法和实践中也被运用于防止规避反补贴税.美国采取了淡化防止反倾销规避和防止反补贴规避差异的立法模式,固然有其合理和方便之处,但也存在不少问题.我国在进行相关立法时必须结合SCM和ADA的要求,汲取美国的经验和教训,妥善处理好两者之间的关系.

On the Euramerican Pattern of Anti-circumvention Trade Remedy and its Enlightenment

In general, the anti-circumvention is regarded as results of extension and development of anti-dumping. However, in practice, it is also applied to deal with the issues of evading the countervailing duty in some countries. The American legislation pattern of neglecting differences between preventing the evading of antidumping duty and countervailing duty is rational and convenient, but there also exist a few problems. When constituting relative laws, China shall, in light of the rule of SCM and ADA, analyze the American experience and lessons, and find the excellent anti-circumvention trade remedy pattern.