WTO Dispute Settlement Mechanism(7)/刘成伟(43)
In US-Hot-rolled Steel Products (DS184), the Appellate Body thinks it useful to address certain general aspects of the standard of review established by Art. 17.6 of the AD Agreement, as this standard bears upon each issue arising in this appeal. With regard to these general aspects, the Appellate Body thinks that two threshold aspects of the Art. 17.6 need to be noted. In this respect, the Appellate Body rules: 8
“…The first is that Article 17.6 is identified in Article 1.2 and Appendix 2 of the DSU as one of the ‘special or additional rules and procedures’ which prevail over the DSU ‘[t]o the extent that there is a difference’ between those provisions and the provisions of the DSU. In Guatemala - Anti-Dumping Investigation Regarding Portland Cement from Mexico, a dispute which involved claims under the Anti-Dumping Agreement, we stated: ‘In our view, it is only where the provisions of the DSU and the special or additional rules and procedures of a covered agreement cannot be read as complementing each other that the special or additional provisions are to prevail. A special or additional provision should only be found to prevail over a provision of the DSU in a situation where adherence to the one provision will lead to a violation of the other provision, that is, in the case of a conflict between them.’
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