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英语翻译2.China'smeasuresareproperlybeforethePanelandarewithinthePanel'stermsofreference1.1Finally,ChinaraisesnumerousobjectionsregardingthePanel'stermsofreference.First,inresponsetotheUStradingrightsclaimsregardin
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2.China's measures are properly before the Panel and are within the Panel's terms of reference
1.1 Finally,China raises numerous objections regarding the Panel's terms of reference.First,in response to the US trading rights claims regarding films for theatrical release,China contends that the Film Distribution and Exhibition Rule is a measure that is not within the Panel's terms of reference,because it was not identified in the US panel request.The Film Distribution and Exhibition Rule is included in the US panel request with respect to the trading rights claims.The US panel request describes the measures at issue as the failure to "allow[] all Chinese enterprises and all foreign enterprises and individuals to have the right to import into the customs territory of China the following products (collectively,the "Products"):films for theatrical release ...." The Film Distribution and Exhibition Rule is a legal instrument that falls within the scope of the measure described by this narrative.
1.2 Moreover,under Section I of the US panel request,which addresses trading rights,the United States identified a series of measures – such as the Film Regulation and the Film Enterprise Rule – involved with China's trading rights regime,and included,as well in this connection,"any amendments,related measures or implementing measures".The Film Distribution and Exhibition Rule is closely and directly related to both the Film Regulation and the Film Enterprise Rule,which all explicitly address the importation of films for theatrical release.
1.3 Furthermore,as the panel stated in Japan – Film,measures that are not specified in a Member's panel request can nonetheless be included in that request if they are "subsidiary or closely related to" measures that are specified in that request.Here again,the Film Distribution and Exhibition Rule is closely related to both the Film Regulation and the Film Enterprise Rule in that it focuses specifically on,and elaborates upon,the film import regime addressed in these two measures.
1.4 China also asserts that the Several Opinions,the Importation Procedure and the Sub-Distribution Procedure should not be examined by the Panel.However,these measures are specifically identified in the US panel request and are part of the Panel's terms of reference.They are each legally binding on the agencies that issued them,represent the type of legal document widely used in routine administration,and are fully recognized in the Chinese administrative law regime.
1.5 Moreover,China erroneously asserts that three discriminatory requirements – pre-establishment legal compliance,approval process,and decision-making criteria applicable to the distribution of reading materials and AVHE products – are not within the Panel's terms of reference because they were not spelled out in the US panel request.
2.China's measures are properly before the Panel and are within the Panel's terms of reference
1.1 Finally,China raises numerous objections regarding the Panel's terms of reference.First,in response to the US trading rights claims regarding films for theatrical release,China contends that the Film Distribution and Exhibition Rule is a measure that is not within the Panel's terms of reference,because it was not identified in the US panel request.The Film Distribution and Exhibition Rule is included in the US panel request with respect to the trading rights claims.The US panel request describes the measures at issue as the failure to "allow[] all Chinese enterprises and all foreign enterprises and individuals to have the right to import into the customs territory of China the following products (collectively,the "Products"):films for theatrical release ...." The Film Distribution and Exhibition Rule is a legal instrument that falls within the scope of the measure described by this narrative.
1.2 Moreover,under Section I of the US panel request,which addresses trading rights,the United States identified a series of measures – such as the Film Regulation and the Film Enterprise Rule – involved with China's trading rights regime,and included,as well in this connection,"any amendments,related measures or implementing measures".The Film Distribution and Exhibition Rule is closely and directly related to both the Film Regulation and the Film Enterprise Rule,which all explicitly address the importation of films for theatrical release.
1.3 Furthermore,as the panel stated in Japan – Film,measures that are not specified in a Member's panel request can nonetheless be included in that request if they are "subsidiary or closely related to" measures that are specified in that request.Here again,the Film Distribution and Exhibition Rule is closely related to both the Film Regulation and the Film Enterprise Rule in that it focuses specifically on,and elaborates upon,the film import regime addressed in these two measures.
1.4 China also asserts that the Several Opinions,the Importation Procedure and the Sub-Distribution Procedure should not be examined by the Panel.However,these measures are specifically identified in the US panel request and are part of the Panel's terms of reference.They are each legally binding on the agencies that issued them,represent the type of legal document widely used in routine administration,and are fully recognized in the Chinese administrative law regime.
1.5 Moreover,China erroneously asserts that three discriminatory requirements – pre-establishment legal compliance,approval process,and decision-making criteria applicable to the distribution of reading materials and AVHE products – are not within the Panel's terms of reference because they were not spelled out in the US panel request.
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