WTO Dispute Settlement Mechanism(7)/刘成伟(29)
Unlike Arts. 17.1 to 17.3, Art. 17.4 is a special or additional dispute settlement rule listed in Appendix 2 to the DSU. According to Art. 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 Art. 6.2 of the DSU, requires a panel request in a dispute brought under the AD 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.
Nevertheless, nothing suggests that Art. 17.4 preclude review of anti-dumping legislation as such. As noted in subsection Ⅱ of this section, a request that satisfies the requirements of Article 6.2 of the DSU also satisfies the requirements of Art. 17.4 of the AD Agreement. The 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. In any event, a complainant may, having identified a specific anti-dumping duty in its request for establishment, bring any claims including claims against anti-dumping legislation as such under the AD Agreement if such claims relate to one of the relevant three anti-dumping measures pursuant Art. 17.4. Important considerations underlie the restriction contained in Art. 17.4, seems to strike a balance between considerations of a complaining Member's right to seek redress and the risk that a responding Member may be harassed or its resources squandered.
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