WTO Dispute Settlement Mechanism(7)/刘成伟(12)
Nevertheless, this requirement to identify a specific anti-dumping measure at issue in a panel request in no way limits the nature of the claims that may be brought under the AD Agreement. There is a difference between the specific measures at issue and the claims or the legal basis of the complaint referred to the DSB relating to those specific measures. The only requirement special in Art. 17.4 of the AD Agreement, in contrast with that in Art. 6.2 of the DSU, seems to be that there should be a relationship between the measure challenged in a dispute-- in the case of the AD Agreement, one of the three types of anti-dumping measure described in Art. 17.4 --and the claims asserted in that dispute. In any event, a complainant may, having identified a specific anti-dumping duty in its request for establishment, bring any claims under the AD Agreement relating to that specific measure.
With regard to Art. 17.5(i) of the AD Agreement, the Appellate Body has ruled that, there is no inconsistency between Art. 17.5 of the AD Agreement and the provisions of Art. 6.2 of the DSU. On the contrary, they are complementary and should be applied together. The only requirement complementary in Art. 17.5(i) is that, the request must explicitly indicate how benefits accruing to the complaining Member are being nullified or impaired.
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