Some countries which their products was dumped, enacted Anti-dumping
duties to protect their domestic industries from some injuries. Anti-dumping duty
as a regulation against dumping sometimes not effective. Circumvention can
caused an anti-dumping duty became ineffective. Another countries has anticircumvention
duties to make their anti-dumping duties effective. Indonesia also
need to make a regulation against circumvention to overcoming the circumvention
practices. The problem is circumvention was not regulated under the WTO
Agreement. In this legal writing, researcher tried to analyzed the issues does the
anti dumping duties violate WTO agreement and what things that Indonesia do as
a one of country that was not already has an anti circumvention rule against
circumvention.
This legal writing used normative legal research which focused on the rules
as a main sources. Secondary legal materials was books, journals, internet, legal
fact, and the results of the interview. Another materials used Law dictionary,
English-Indonesia dictionary, and Indonesian dictionary. Some of anti dumping
law was described, then those datas were analyzed by gramatical and systematical
interpretation.
The results of this research are circumvention is not violate WTO agreement,
but circumvention can cause great obstacle in achieving WTO purposes. So, WTO
need to regulate it under the WTO Agreement. Indonesia applied an anti dumping
tariff for the countries that circumvented Indonesia’s anti-dumping duty, because
Indonesia didn’t have an anti-circumvention duty.