WTO Dispute Settlement Mechanism(7)/刘成伟(19)
IV Special Rules for Claims against Anti-dumping Legislation as Such
（i）Introduction
In US-1916 Act (DS136/DS162), the United States appeals the Panel's finding that it had jurisdiction to consider the claims that the 1916 Act as such is inconsistent with Article VI of the GATT 1994 and the AD Agreement. According to the United States, Members cannot bring a claim of inconsistency with the AD Agreement against legislation as such independently from a claim of inconsistency of one of the three anti-dumping measures specified in Art. 17.4, i.e., a definitive anti-dumping duty, a price undertaking or, in some circumstances, a provisional measure.
In examining the legal basis for the Panel's jurisdiction to consider the claims of inconsistency made in respect of the 1916 Act as such, the Appellate Body begins with Art. 1.1 of the DSU, which states, in relevant part: “The rules and procedures of this Understanding shall apply to disputes brought pursuant to the consultation and dispute settlement provisions of the agreements listed in Appendix 1 to this Understanding (referred to in this Understanding as the ‘covered agreements’).” The Appellate Body rules that, “[f]or the DSU to apply to claims that the 1916 Act as such is inconsistent with Article VI of the GATT 1994 and the Anti-Dumping Agreement, a legal basis to bring the claims must be found in the GATT 1994 and the Anti-Dumping Agreement, respectively”. They also note that in the present case, “the European Communities and Japan both brought their claims of inconsistency with Article VI of the GATT 1994 and the Anti-Dumping Agreement pursuant to Article XXIII of the GATT 1994 and Article 17 of the Anti-Dumping Agreement”. 10
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