EU Anti-Circumvention Rules: Do They Beat the Alternative?

Edwin Vermulst

No 2015/57, RSCAS Working Papers from European University Institute

Abstract: This article discusses EU law and practice with regard to tackling circumvention of trade defence instruments, notably anti-dumping measures. The author considers that, while strong legal arguments can be made that anti-circumvention rules are WTO-illegal, as a practical matter transparent and predictable anti-circumvention rules are to be preferred over vague and multi-interpretable non-preferential origin rules that vary from country to country. Furthermore, the many findings of transhipment in EU anti-circumvention investigations show that circumvention may constitute a real problem which warrants quick and effective relief. Therefore, the article suggests that the way forward is to agree on detailed anti-circumvention rules within the WTO with focus on further improvements in transparency and predictability.

Keywords: Circumvention; trade remedies; trade defence instruments; dumping; anti-dumping measures; rules of origin (search for similar items in EconPapers)
Date: 2015-07
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