WTO Dispute Settlement Mechanism(2)/刘成伟(15)
And in US-1916 Act (DS136), the Panel rules as: “We have found that the 1916 Act as such violates Article VI:1 and VI:2 of the GATT 1994, as well as Articles 1, 4 and 5.5 of the Anti-dumping Agreement. We also concluded that, by not ensuring the conformity of the 1916 Act with its obligations as provided under the above-mentioned provisions, the United States violates Article XVI:4 of the Agreement Establishing the WTO. Since Article 3.8 of the DSU provides that ‘[I]n cases where there is an infringement of the obligations assumed under a covered agreement, the action is considered prima facie to constitute a case of nullification or impairment’ and as the United States has adduced no evidence to the contrary, we conclude that the 1916 Act nullifies or impairs benefits accruing to the European Communities under the WTO Agreement”.5
Nevertheless, some panels and the Appellate Body have also systematically rejected as insufficient the demonstration of an absence of trade impact in some cases. For example, in EC- Bananas (DS27) 6, EC attempts to rebut the presumption of nullification or impairment with respect to the Panel's findings of violations of the GATT 1994 on the basis that US have never exported a single banana to the European Community, and therefore, could not possibly have suffered any trade damage.
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