• Title/Summary/Keyword: Anti-Circumvention

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A Study on Anti-Circumvention Rules: with Focus on the US' and the EU's Systems (우회덤핑 방지 제도에 대한 연구: 미국 및 EU 제도를 중심으로)

  • Youngjeen Cho
    • Korea Trade Review
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    • v.47 no.5
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    • pp.223-240
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    • 2022
  • Anti-circumvention rules were discussed profoundly during the Uruguay Round and the DDA negotiations, although WTO members failed to reached an agreement to introduce it to the WTO Anti-Dumping Agreement. However, as the cases of circumvention of anti-dumping duties increase, a number of countries have enacted anti-circumvention regulations as part of their anti-dumping laws. This study aims to analyze anti-circumvention rules from the perspective of WTO law. After overviewing the object and purpose of anti-dumping and anti-circumvention regulations, it examines anti-circumvention regulations of the US, the EU, and India. Next, the study explores the possible WTO-inconsistent aspects of those regulations. Then, it discusses whether it would be preferable for countries not equipped with anti-circumvention regulations, such as Korea, to have one. Thereafter, this study proposes Korean government to introduce anti-circumvention rules into its anti-dumping law.

Korean Countermeasures against the Anti-Evasion, Anti-Circumvention in US (미국의 우회덤핑방지제도와 회피방지제도에 대한 우리나라의 대응방안)

  • Oh, Byung-Seok
    • Korea Trade Review
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    • v.44 no.6
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    • pp.231-246
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    • 2019
  • Circumvention refers to the situation in which exporters try to circumvent import restrictions by setting up factories in third countries and assembling and producing parts locally. Circumvention dumping eliminates the impacts of existing anti-dumping measures, and major countries are introducing anti-circumvention dumping laws to address this problem. If the act of the exporting country is recognized as a circumvention dumping activity, anti-dumping duties are applied retroactively to the imported goods or components. Evasion is an act of importation that results in the reduction or non-application of cash deposits, securities, or anti-dumping or countervailing duties, in a manner that is substantive or false, substantive or omission. In this article, we reviewed the contents and examples of the anti-circumvention measures by the US Department of Commerce (DOC), the International Trade Commission (ITC), and the Anti-Evasion measures by the CBP. The CBP examples show how much inference can be made about which parts of the CBP's investigations, and in what ways. The enactment of the EAPA created an environment in which the role of the CBP was directly guaranteed, and it was possible to apply adverse inferences to those who did not respond to requests for information, resulting in stronger CBP's authority. Therefore, it is advisable for Korea to examine the introduction of domestic laws, such as the bypass anti-dumping system, in order to cope with unfair trade practices that undermine and neutralize the effects of anti-dumping measures.

Anti-Censorship and Anonymous Web-Browsing System (차단우회 및 익명성보장 웹브라우징 시스템)

  • Lee, Eunsu;Lee, Suk-bok
    • Journal of the Institute of Electronics and Information Engineers
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    • v.52 no.11
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    • pp.20-26
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    • 2015
  • Internet censorship-circumvention and anonymizing services are becoming important with an increase in Internet population. Existing circumvention/anonymizing systems, however, have their own limitations, and they mainly suffer from the shortage of volunteers who relay others' traffic to bypass censors. In this paper, we present a new way of achieving censorship-circumvention while guaranteeing anonymity through the cooperation between censored and uncensored users.