WTO Dispute Settlement Mechanism(2)/刘成伟(74)
In respect of the second issue, Japan argues that all of the accused ‘measures’ are neutral as to origin of the goods, none of them distinguishing between the imported and domestic products concerned, and that there is accordingly no causal connection between the alleged ‘measures’, individually or collectively, and any unfavourable competitive conditions for imported film and paper. The United States responds that the ‘measures’ at issue have had a disparate impact on imported products in their application, thereby upsetting competitive conditions of market access for imported film and paper. In our view, even in the absence of de jure discrimination (measures which on their face discriminate as to origin), it may be possible for the United States to show de facto discrimination (measures which have a disparate impact on imports). However, in such circumstances, the complaining party is called upon to make a detailed showing of any claimed disproportionate impact on imports resulting from the origin-neutral measure. And, the burden of demonstrating such impact may be significantly more difficult where the relationship between the measure and the product is questionable.
总共85页
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