WTO Dispute Settlement Mechanism(7)/刘成伟(65)
However, in any event, the new Art. 17.5(ii) is not without any merit but causing uncertainty. As to be shown below, there is a clear connection between Arts. 17.6(i) and 17.5(ii). The facts of the matter referred to in Art. 17.6(i) are “the facts made available in conformity with appropriate domestic procedures to the authorities of the importing Member” under Art. 17.5(ii). Art. 17.6(i) places a limitation on the panel in the circumstances defined by the Article. The aim of Art. 17.6(i) is to prevent a panel from “second-guessing” a determination of a national authority when the establishment of the facts is proper and the evaluation of those facts is unbiased and objective. It bears more significance that the panel note the importance of Art. 17.5(ii) in guiding their decisions in this regard. It is a specific provision directing a panel's decision as to what evidence it will consider in examining a claim under the AD Agreement. Moreover, it effectuates the general principle that panels reviewing the determinations of investigating authorities in anti-dumping cases are not to engage in de novo review.
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