Abstract

This paper is to examine anti-circumvention measures in the European Union (EU) and the United States (US) and propose the ideal circumvention prevention models in Korea. To combat circumvention of anti-dumping measures, the EU defined circumvention as export of a product in parts and assembly in a EU or a third country, slight modification of the product, export through a producer with a lower duty rate. US has defined it as goods assembled or completed in the US or in third countries, goods with minor changes, later-developed product. This study examines the specific criteria and real-world case studies in both the EU and the US, shedding light on their legal frameworks and enforcement procedures. The paper emphasizes the importance of South Korea's need for a comprehensive circumvention system and the potential implications of such a development. In a rapidly evolving global trade landscape, implementing robust anti-circumvention rules is crucial to ensuring fair competition and safeguarding domestic industries. By drawing inspiration from the experiences of the EU and the US, South Korea can bolster its trade defense mechanisms, protect its economic interests, and promote a level playing field for all stakeholders. This paper underscores that South Korea's new circumvention rules have the potential to enhance the country's trade policy and foster a more equitable and secure trading environment, both domestically and internationally.

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