In essence, circumvention is any activity designed to avoid the payment of anti-dumping or countervailing duties imposed on a particular product manufactured in and/or exported from third countries.
These practices can best be understood through examples:
- slightly modifying a product so that it can be classified under a combined nomenclature (CN) or HS code that is not subject to duties,
- falsely declaring that a product originated in a country not subject to duties,
- exporting through a producer with a lower duty rate,
- exporting a product in parts and having it assembled in Vietnam, where the parts are not subject to duties,
- certain assembly operations made in third countries.
For a practice to qualify as circumvention, there must also be evidence that:
- Turkish industry is being harmed or the duty’s effects are being undermined in terms of prices and/or quantities of the product in question, and
- there is evidence that the imported product is being dumped, or
- evidence that the imported product and/or parts thereof still benefit from the subsidy.
Vietnam is now the main targets of anti-circumvention measures which are caused by anti-dumping measures on Chinese exports. If circumvention is determined the highest anti-dumping margin applied in the original anti-dumping investigation will be imposed for those exporters/producers. The measure will be in force in line with the original measure. In addition to this, no expiry review investigation is initiated for anti-circumvention practices.
In this regard, it is crucial for exporters/producers not being subject to anti-circumvention measures.
WTL assists exporters/producers in anti-circumvention investigations by filling out the complex and complicated questionnaires and assisting exporters/producers before the verification and during the verification conducted by foreign investigating authorities.