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通过WTO争端解决机制,我国在涉华贸易救济案中的NME问题上取得了重大突破,特别是DS379案涉及的双重救济问题以及DS397案涉及的单独税率问题。上诉机构裁定系统解决了长期以来我国企业应对美欧贸易救济调查时的歧视待遇,对维护我国贸易利益具有重要意义。但从相关裁定的局限性来看,我们对其产生的后续影响不应过于乐观,同时还应加强对WTO一般规则及《中国入世议定书》相关条款的深入研究,在WTO法律框架下积极寻求在NME规则上的其他可能突破。
Through the WTO dispute settlement mechanism, China has made major breakthroughs in the NME issue concerning China’s trade remedy cases, especially the double remedies involved in the DS379 case and the separate tax rates involved in the DS397 case. The appellate body ruled that the system has solved the discriminatory treatment that Chinese enterprises have been facing during the investigation of the U.S.-European trade remedies for a long time, which is of great significance for safeguarding the trade interests of our country. However, judging from the limitations of the relevant ruling, we should not be too optimistic about its follow-up impact. At the same time, we should also strengthen our in-depth study of the WTO general rules and the relevant articles of the “Protocol on China’s accession to the WTO.” We must actively seek Other possible breakthroughs in NME rules.