Causal Link and Non-attribution as Interpreted in WTO Trade Remedy Disputes

摘要

A key WTO requirement for applying trade remedy measures is to demonstrate that the investigated imports cause injury to the domestic industry. Panels and the AB have interpreted this requirement as embodying a two-step test. The first step is a bright line test for whether there is seemingly a causal link between the investigated imports and injury. The second test (the 'non-attribution' test) inquires into whether consideration of factors other than the investigated imports can 'explain away' the presumption that there is a causal link between the investigated imports and injury.