WTO Dispute Settlement Mechanism(7)/刘成伟(59)
Clearly, the Panel determines not to consider new evidence with respect to claims under the AD Agreement. Nonetheless, it is important to note that, the same Panel makes another ruling not to exclude the presentation of evidence which might in any event go beyond the specific facts made available to the administering authority in accordance with appropriate domestic procedures during the course of a single anti-dumping investigation. In this respect, the Panel rules: 14
“It is important to note that, in this case, Japan's claims are not limited to challenges under the AD Agreement to the final anti-dumping measure imposed by the United States. … Japan does, however, argue that the challenged evidence is relevant to the claims under Article X of GATT 1994. In our view, the evidence to be considered in connection with Japan's Article X claim is not limited by the provisions of Article 17.5(ii) of the AD Agreement To the extent there are any limits to the evidence that may be considered in connection with Japan's claim under Article X of GATT 1994, these would derive from the provisions of the DSU itself, and not the AD Agreement.
总共71页
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22] [23] [24] [25] [26] [27] [28] [29] [30] [31] [32] [33] [34] [35] [36] [37] [38] [39] [40] [41] [42] [43] [44] [45] [46] [47] [48] [49] [50] [51] [52] [53] [54] [55] [56] [57] [58] 59
[60] [61] [62] [63] [64] [65] [66] [67] [68] [69] [70] [71] 上一页 下一页