贸易救济法律程序.doc

World Trade Organization WT/DS339/AB/RWT/DS340/AB/RWT/DS342/AB/R 15 December 2008 (08-6121) Original: English CHINA – MEASURES AFFECTING IMPORTS OF AUTOMOBILE PARTS AB-2008-10 Reports of the Appellate Body Note: The Appellate Body is issuing these Reports in the form of a single document constituting three separate Appellate Body Reports: ?WT/DS339/AB/R; ?WT/DS340/AB/R; and ?WT/DS342/AB/R. The cover page, preliminary pages, Sections I through VIII, and the Annex are common to the three Reports. The page header throughout the document bears three document symbols: ?WT/DS339/AB/R, ?WT/DS340/AB/R, and WT/DS342/AB/R, with the following exceptions: Section IX on pages EC-103 and EC-104, which bears the document symbol for and contains the Appellate Bodys findings and conclusions in the Appellate Body Report WT/DS339/AB/R; Section IX on pages US-103 and US-104, which bears the document symbol for and contains the Appellate Bodys findings and conclusions in the Appellate Body Report WT/DS340/AB/R; and Section IX on pages CDA-103 and CDA-104, which bears the document symbol for and contains the Appellate Bodys findings and conclusions in the Appellate Body Report WT/DS342/AB/R. I. Introduction 1 II. Arguments of the Participants and the Third Participants 7 A. Claims of Error by China – Appellant 7 1. Characterization of the Charge Imposed under the Measures at Issue 7 2. Consistency of the Measures at Issue with Article?III:2 of the GATT?1994 9 3. Consistency of the Measures at Issue with Article?III:4 of the GATT?1994 10 4. The Panels Alternative Findings under Article?II:1(a) and (b) of the GATT?1994 10 5. The Panels Findings with respect to Paragraph?93 of Chinas Accession Working Party Report 14 B. Arguments of the European Communities – Appellee 21 1. Characterization of the Charge Imposed under the Measures at Issue 21 2. Consistency of the Measures at Issue with Article?III:2 of the GATT?1994 22 3. Consistency of the Measures at Issue with