WTO Dispute Settlement Mechanism(7)/刘成伟(63)
As far as the report issued by the Panel in US-Hot-rolled Steel (DS184) not to consider new evidence, it appears at least to be satisfactory owing to its understanding of Art. 17.5(ii) and bearing in mind that a panel is not to perform a de novo review of the issues considered and decided by the investigating authorities. Its conclusion not to accept new evidence is reasonable with their emphasis on strict observance of the requirements of Art. 17.5(ii).
Furthermore, the Panel notes that to the extent there are any limits to the evidence that may be considered in connection with those claims under the covered agreements other than the AD Agreement, these would derive from the provisions of the DSU itself, and not the AD Agreement. Also, they rule that, as a general rule, panels have wide latitude in admitting evidence in WTO dispute settlement. The DSU (as opposed to the AD Agreement) contains no rule that might be understood to restrict the evidence that panels may consider. Therefore, they make another conclusion that, “particularly in considering allegations under Art. X of GATT 1994, we should exercise our discretion to allow the presentation of evidence concerning the administration of the defending Members' anti-dumping laws, 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”.
总共71页
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