Circumvention of Anti-Dumping and Countervailing Measure

Criteria, Investigation Procedure and Legal Penalty

Abstract

Trade remedies measure, commonly used by WTO members, is for enhancing the fair trade between the product of the Domestic industry and the imported product; and to remedy the injury of domestic industry from product of the exporting country.  Anti-Dumping Measure is to remedy the effect of dumping.  Countervailing Measure is to remedy the effect of subsidy.

Circumvention is a kind of non-acceptable trade practice which is aim to avoid existing Anti-Dumping or Countervailing Measure; or to avoid the applicable rate of Anti-Dumping duty or Countervailing duty.

Anti-Dumping and Countervailing Act B.E. 2542 has enforcing for 2 decades. It was amended by Anti-Dumping and Countervailing Act (No.2) B.E. 2562, which is implementing on 18 November 2019 (B.E.2562), has defined the ground to prove that whether the product concerned has been circumvented, the investigation procedure, the legal punishment and the judicial review

To prove that whether the product concerned has been circumvented, Article 71/3 of the Act identifies the 5 key elements for investigation. Article 71/4 of the Act classifies 5 types of the change in trade pattern or the circumvention pattern. When the Investigation procedure has been completed, Article 71/13 provides the condition of legal punishment that the maximum rate of anti-dumping duty or countervailing duty of the exporting country can be extended to the product circumvented.