WTO Dispute Settlement Mechanism(7)/刘成伟(23)
(iii) Understanding of Art. 17.4 of the AD Agreement
As indicated above, the United States bases its objection to the Panel's jurisdiction on Art. 17.4 of the AD Agreement and the Appellate Body’s Report in Guatemala - Cement. In this respect, the Appellate Body in present case rules: 12
“[…] We note that, unlike Articles 17.1 to 17.3, Article 17.4 is a special or additional dispute settlement rule listed in Appendix 2 to the DSU.
In Guatemala - Cement, Mexico had challenged Guatemala's initiation of anti-dumping proceedings, and its conduct of the investigation, without identifying any of the measures listed in Article 17.4. We stated that:
‘… Three types of anti-dumping measure are specified in Article 17.4: definitive anti-dumping duties, the acceptance of price undertakings, and provisional measures. According to Article 17.4, a "matter" may be referred to the DSB only if one of the relevant three anti-dumping measures is in place. This provision, when read together with Article 6.2 of the DSU, requires a panel request in a dispute brought under the Anti-Dumping Agreement to identify, as the specific measure at issue, either a definitive anti-dumping duty, the acceptance of a price undertaking, or a provisional measure…
总共71页
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