Airbus, pre-WTO expired programmes and retroactivity?

I have noticed that the United States mentions many pre-WTO programmes (namely pre-1995) in its panel request against Airbus. Most likely, some of  these programmes were expired  when the WTO  entered into force.  I wonder if the panel will accept to consider these pre-WTO expired programmes. In Upland Cotton, the AB confirmed that expired programmes could still be considered by a panel if they are “affecting” in the present the complaining party through their “lingering effects”. However, in Upland Cotton the programmes were post-WTO in the sense that they expired after 1995. Would the Airbus panel adopt the same reasoning and accept to consider expired pre-WTO programmes on the basis on their “lingering effects” in the present? If yes, would this amount to a retroactive application of the SCM?