| 日期： | 2020/09/15 |
|---|---|
| 作者： | Dispute Settlement Body |
| 文件編號： | WT/DS543/R |
| 附件下載： | WTDS543R.pdf |
| 因為版本問題，開啟附件時可能會出現錯誤訊息，如「檔案已損毀」的訊息，請您忽略此訊息，即可正常開啟 |
United States
— Tariff Measures on Certain Goods from China
Report of the Panel
TABLE OF CONTENTS
1.2
Panel establishment and composition
2 Factual aspects and measures at issue
3 Parties' requests for findings and
recommendations
5 Arguments of the third parties
7.1.1
Whether the parties have reached a solution within the meaning of Article 12.7
of the DSU
7.1.2
The measures covered by the Panel's terms of reference in this dispute
7.1.2.2
Overview of applicable principles
7.1.2.3
The measures covered by China's panel request
7.1.2.4
Conclusion on the measures covered by the Panel's terms of reference
7.1.3
China's request that the Panel reject Exhibit US-35
7.2.2
Whether the measures at issue are inconsistent with Article I:1 of the
GATT 1994
7.2.3
Whether the measures at issue are inconsistent with Article II:1(a) and
(b) of the GATT 1994
7.3
The United States' defence under Article XX of the GATT 1994
7.3.1
Introduction – the nature and purpose of Article XX of the GATT 1994
7.3.2
Whether the measures are provisionally justified under Article XX(a) of
the GATT 1994
7.3.2.2.1
The concept of "public morals" under Article XX(a)
7.3.2.2.3
The public morals objective invoked by the United States
7.3.2.4.1
Introduction – the nature and purpose of the necessity
requirement
7.3.2.4.2.1
Importance of the pursued policy objective
7.3.2.4.2.2
Restrictive impact of the challenged measures on trade
The initial
narrowing of the range of products covered by List 1
The exclusion of
particular products from the scope of the additional duties
7.3.2.4.2.5
Comparison with reasonably available alternative measures
