WTO Dispute Settlement Mechanism(7)/刘成伟(58)
The conclusion that we will not consider new evidence with respect to claims under the AD Agreement flows not only from Article 17.5(ii), but also from the fact that a panel is not to perform a de novo review of the issues considered and decided by the investigating authorities. We note that several panels have applied similar principles in reviewing determinations of national authorities in the context of safeguards under the Agreement on Safeguards and special safeguards under Article 6 of the Agreement on Textiles and Clothing. There is no corollary to Article 17.5(ii) in those agreements. Nonetheless, these panels have concluded that a de novo review of the determinations would be inappropriate, and have undertaken an assessment of, inter alia, whether all relevant facts were considered by the authorities. In that context, the Panel in United States - Definitive Safeguard Measures on Imports of Wheat Gluten from the European Communities ("United States - Wheat Gluten") recently observed that it was not the panel's role to collect new data or to consider evidence which could have been presented to the decision maker but was not.”
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