Hasil (
Bahasa Indonesia) 1:
[Salinan]Disalin!
Sub-paragraph 3(b) is explained further in Art 6.4 SCM (change in relative shares of the market to the disadvantage of the non-subsidized like product). Sub-paragraph 3(c) is explained further in Art 6.5 SCM (comparison of prices between subsidized and non-subsidized goods at the same level of trade to quantify the size of price undercutting). The panel report on Korea - Commercial Vessels took the view that although trade damage could serve as a proxy to define serious prejudice, the latter should not be equated to the concept of serious injury, as we know it for example, in the Agreement on Safeguards.The concept of serious prejudice has been discussed in both GATT and WTO panels. GATT panels adopted a rather mechanistic understanding of the term, equating, for example, price depression to serious prejudice: both the EC - Sugar Exports (Australia) and the Sugar Exports (Brazil) cases applied this understanding of the term. WTO panels, by the same token, use a finding of price Suppression or depression (as the case may be) as determinative for finding that serious prejudice has occurred. This has been the case in both the Indonesia - Autos report and in US- Upland Cotton where the panel stated:the Article 6.3(c) examination is determinative ... for a finding of serious prejudice under Article 5(c). That is, an affirmative conclusion that the effects-based situation in Article 6.3(c) exists is sufficient basis for an affirmative conclusion that "serious prejudice" exists for the purposes of Article 5 (c) of the SCM Agreement.
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