Terms of reference issues

• The Appellate Body dismissed the European Union's claims on appeal that the Panel erred in finding that China's claims under Articles 6.5, 6.5.1, 6.4, 6.2, 6.1.2, 2.4, 4.1, and 3.1 of the Anti-Dumping Agreement fell within its terms of reference under Article 21.5 of the DSU. 
   
• The Appellate Body found that the claims under Articles 6.5 and 6.5.1 raised by China in the compliance proceedings were not the same claims China had raised under these provisions and that were dismissed in the original proceedings. Moreover, the Appellate Body found that the claims raised by China in these compliance proceedings under Articles 6.4, 6.2, 6.1.2, 2.4, 4.1, and 3.1 were not claims that China could have raised, but did not raise, in the original proceedings. Accordingly, the Appellate Bodyupheld the Panel's finding that China's claims under Articles 6.5, 6.5.1, 6.4, 6.2, 6.1.2, 2.4, 4.1, and 3.1 were within the Panel's terms of reference.

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https://www.wto.org/english/news_e/news16_e/397abrw_e.htm

https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds397_e.htm#bkmk397abrw