WORLD TRADE
ORGANIZATIONG/SG/N/1/JOR/2
6 October 2003
(03-5241)
Committee on Safeguards Original:  English
NOTIFICATION OF LAWS, REGULATIONS AND
ADMINISTRATIVE PROCEDURES RELATING
TO SAFEGUARD MEASURES
JORDAN
The following communication, dated 3 September 2003, has been received from the
Permanent Mission of Jordan.
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In accordance with Article 12.6 of the Agreement on Safeguards, Jordan has the honour to
notify the Committee on Safeguards a translated copy of its National Production ProtectionLaw No. (50) for the year 2002, published in the Official Gazette No. (4560) dated 15 August 2002.G/SG/N/1/JOR/2
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NATIONAL PRODUCTON PROTECTION
LAW NO. (5) OF 2002
Article 1
This Law shall be cited as the "National Production Protection Law for the year 2002" and
shall come into effect as of the date of its publication in the Official Gazette.
Article 2
(a) The following terms and expressions, wherever used in this Law, shall have the meanings
hereunder assigned to them, unless the context provides otherwise:
The Ministry: Ministry of Industry and Trade.
The Minister: Minister of Industry and Trade.
Like Product: The domestic product similar in all aspects to the product
imported to the Kingdom, or one similar to a great extent in its
characteristics or usages in the absence of similarity.
Domestic Producers: All domestic producers of the like product or those of them
whose collective output constitutes a major proportion of the total
production of the domestic like product.
Injurious Practices: An increase in imports of a certain product imported to the
Kingdom or its import at dumped or subsidized prices.
Competent Authority: The competent authority in the Mini stry authorized to investigate
in injurious practices pursuant to the provisions of this Law.
Measures: Any measures which may be applied in accordance with the
provisions of this Law against injurious practices represented in
safeguard measures, anti-dumping duties and countervailing
duties.
Organization: World Trade Organization.
Member Countries: Member countries in the Organization.
(b) For the purposes of this Law the word "Injury" shall denote:
1. Serious injury of domestic producers or threat thereof represented in the significant
overall impairment in the position of a domestic industry;  in the condition of
safeguards.
2. Material injury of domestic producers or threat thereof in conditions of dumping and
subsidizing, or material injury which retards the establishment of a domestic industry.
Article 3
(a) The provisions of this Law shall apply to indu strial and agricultural products imported to the
Kingdom from Member countries.
(b) The Council of Ministers may apply any of the provisions of this Law on imported products
from non-Member countries or impose a customs duty on products imported from such countries, orimpose any other measures in their regard, it deems necessary for the protection of national
production, including the imposition of duties to the extent necessary to achieve this purpose.G/SG/N/1/JOR/2
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Measures
Article 4
(a) Pursuant to the provisions of this Law, measures to be applied against Injurious Practices
shall be in the following manner:
1. Application of safeguard measures against increase of imports into the Kingdom,
whether such increase was absolute in comparison with previous years, or relative to
domestic production.
2. Imposition of anti-dumping duties if the export price of a product imported to the
Kingdom is less than its normal value.
3. Imposition of countervailing duties, if the subsidy given to a product imported to the
Kingdom is susceptible to having measures taken against it.
(b) It shall not be permissible to apply any of th e measures stipulated in paragraph (a) of this
Article, unless it was substantiated, upon an investigation performed by the competent authority in
accordance with the provisions of this Law that injurious practices exist and have caused injury to
domestic producers.
Application
Article 5
(a) Domestic producers or representatives thereof may submit a written application to the
Minister to counter injurious practices, provided  that such application contains information and
evidence of the existence of such practices, injury and a causal link.
(b) If the injurious practices are concerned with an agricultural product, the application shall be
submitted by domestic agricultural producers of such products, or by the Minister of Agriculture in
accordance with the provisions of paragraph (a) of this Article.
(c) The competent authority shall examine the application to ascertain that it satisfies the
conditions and requirements stipulated in this Law and the regulations issued in its pursuance, and
shall submit its recommendations to the Minister to  decide the initiation of the investigation or
rejection of the application.  The Minister shall issue such a decision within a period that does not
exceed thirty days from date of satisfying such conditions and requirements and he may extend sameto a similar period upon justified reasons.
(d) The examination of the application pertin ent to a specific product, or the relevant
investigation procedures, may not hinder its customs clearance procedures.
Article 6
(a) The Minister shall issue, upon the recommendation of the competent authority, a decision to
initiate the investigation, if the following conditions are present:
1. Support of the domestic producers to the application submitted for the imposition of
measures.G/SG/N/1/JOR/2
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2. Presence of sufficient evidence on injurious practices, injury and a causal link
between both.
3. Import volume of the product, in conditions of dumping and subsidizing, is not less
than the limit set in pursuance to the regula tions issued pursuant to the provisions of
this Law.
(b) The competent authority shall announce the initiation of the investigation immediately
following the determination of the Minister to initiate it.
Article 7
Upon the decision of the Minister, the competent authority may self-initiate an investigation if
it becomes aware of sufficient evidence on the exis tence of injurious practices and injury resulting
thereof.
The Investigation
Article 8
(a) The competent authority shall carry out an investigation regarding injurious practices and
injury resulting thereof.  It shall examine for such purpose a time-period called the period ofinvestigation including any period prior to the date of submission of the application.  The information
pertaining to injurious practices and injury during such period shall be assembled and the accuracy of
such information shall be verified and analyzed pr ovided that such period is adopted in accordance
with basis set in pursuance to the regulations issued for this purpose.
(b) The competent authority shall give interested parties and participating parties to an
investigation the opportunity to submit any evidence or information in that regard.  Public hearings
shall be conducted upon request of interested parties to hear their statements and to discuss such
evidence and information.  The competent authority  shall enable such parties to examine any
information or evidence pertinent to the investigation, should such information be non-confidential.
Article 9
(a) The competent authority shall examine and verify the accuracy of the information submitted
to determine the existence of injurious practices, injury and causal link.  It may also request any
information pertinent to the investigation from the interested and participating parties.
(b) The Minister may request any related entity to an investigation including the Customs
Department and Department of Statistics or any public or private entity to provide any information
related to the subject of investigation.  They  shall be obliged to submit such information
notwithstanding the provisions stipulated in any other legislation.
Article 10
The Minister may, upon the recommendation of the competent authority, determine the
suspension or termination of the investigation in conditions of dumping or subsidizing at any time
without imposing anti-dumping duties or countervailing duties, shall he accept an undertakingsubmitted by the exporter of the product to revise his prices or suspend exporting to the Kingdom at
dumping or subsidized prices, or if the country granting the subsidies undertakes the termination
thereof.  The Minister may decide the continuance of the investigation in spite of accepting such an
undertaking.G/SG/N/1/JOR/2
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Article 11
(a) The Minister shall terminate the investigation, upon the recommendation of the competent
authority, without imposing the measures in any of the following circumstances:
1. If the submitted evidence pertaining to the existence of Injurious Practices or resulting
injury is insufficient.
2. If the submitted application was withdrawn and such procedure did not conflict with
public interest.
3. If the recommendation of the competent authority confirms the absence of Injurious
Practices or injury.
(b) The Minister shall decide, upon the recommendation of the competent authority, to terminate
the investigation in regard of a product of a specific exporter or a certain country, in conditions ofdumping and subsidizing, without imposing any measures;  if the margin of dumping, the amount of
subsidies or the volume of imports of this product is less than the limit set in the regulations issued by
this Law.
(c) If the investigation is terminated in accordance with the provisions of paragraphs (a) or (b) of
this Article, the Minister shall issue the necessary decisions regarding the following:
1. Termination of the imposed provisional measures and issue a decision to refund any
paid duties or submitted guarantees.
2. Cancellation of any undertakings accepted in accordance with the provisions of
Article 10 of this Law.
Article 12
If the initiation of an investigation is deci ded, the competent authority shall consider the
following periods for completion of the same:
(a) Within a period that does not exceed six months as of the date of initiating a safeguards
investigation.  It shall be permissible, upon decision of the Minister, to extend such period in special
cases provided that the entire period does not exceed eight months.
(b) Within a period that does not exceed a year as of the date of initiating an anti-dumping or
anti-subsidies investigation.  It shall be permissible, upon decision of the Minister, to extend such
period in special cases provided that the entire period does not exceed eighteen months.
Provisional Measures
Article 13
(a) The Minister may decide, upon the recommendation of the competent authority, to impose
provisional measures, if the competent authority reaches a preliminary determination on the existenceof injurious practices and resulting injury, and if it was demonstrated that delay to impose such
measures would cause damage which would be difficult to repair.G/SG/N/1/JOR/2
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(b) The types of provisional measures, their duration and scope of application shall be set in
accordance with the regulations issued by this Law.
Article 14
(a) If a decision to impose final measures is issued, provisional measures shall be terminated.
The submitted guarantees shall be refunded and the collected duties shall be settled retroactively.
(b) However, if a decision not to impose final measures is issued the submitted guarantees and
the collected duties shall be refunded.
(c) The provisions and conditions pertinent to the implementation of paragraphs (a) and (b) of
this Article shall be set in the regulations issued by this Law.
Article 15
The Council of Ministers may, upon a justified recommendation of the Minister, suspend the
application of provisional measures shall it become evident to the Council that such application would
negatively affect other domestic producers, consumers, or the public interest.
Final Measures
Article 16
Upon the completion of the investigation the competent authority shall submit a justified
recommendation to the Minister, based on objective evidence and accompanied with a comprehensive
report illustrating the results achieved on the existence of injurious practices, injury and the causallink.
Article 17
(a) 1. If the recommendation submitted to the Minister confirms the existence of injurious
practices, injury and causal link the Minister shall determine the imposition of final
measures against such injurious practices provided his decision contains the type ofsuch measures, their magnitude and scope of application.  Such decision shall be
submitted within ten days to the Council of Ministers to approve it.
2. The Council of Ministers may approve or disapprove the decision without amending
it within a period that does not exceed thirty days as of the date of submitting thedecision whether the decision was submitted by the Minister or the Tariff Council.
The decision of the Council of Ministers shall be final and subject to appeal to the
High Court of Justice.
(b) If the Council of Ministers approves the decision to impose final measures, their application
shall commence as of the date set by the Council.
Article 18
(a) When imposing the final measures due allowance shall be given that the measures are applied
to the extent necessary to prevent or remedy injury in a manner which facilitates the adjustment of
domestic producers so as to guarantee the protection of the interests of the Kingdom, provided that the
provisions of such measures, their conditions and maximum limit of the application period are set in
the regulations issued by this Law.G/SG/N/1/JOR/2
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(b) It shall not be permissible, for the amount of the imposed anti-dumping duties or
countervailing duties to surpass the margin of dumping represented in the difference between the
normal value and the export price, or the amount of subsidy determined by the investigation.  It shall
be permissible to determine such duties in amounts lower than the margin of dumping or the amountof subsidy if such duties are adequate to remedy  the injury, provided that any duty collected is
refunded if it exceeds the margin of dumping or the amount of actual subsidy after the final decision
to impose the anti-dumping and countervailing duties comes into effect.
(c) An imported product may not be subject to dual application of anti-dumping duties and
countervailing duties in situations where it constitute dumping and subsidizing.
Article 19
Safeguard measures shall be applied to all imports of the product irrespective of their source.
Anti-dumping duties and countervailing duties shall be imposed on all imported products introduced
for domestic consumption from sources established to practice dumping or receive subsidies.
Article 20
If the imposition of measures is rejected in pursuance to the provisions of this Law, it shall
not be permissible for the applicant to submit another application based on the same factual aspectsand reasons provided in the first application before one-hundred and eighty days from the date of
issuing the decision whether by the Minister or the Council of Ministers, as the case may be.
Safeguard Measures
Article 21
(a) The Minister shall decide, upon the recommendation of the competent authority, to impose
the following safeguard measures which he deems necessary:
1. Determine the shares of the quota which may be imported from the imported product.
2. Recommend to the Tariff Council to examine the imposition of a customs tariff on the
imported product, or to increase the customs tariff applied thereon, or to cancel the
tariff applied on an imported product used in the production of the like product or
reduce it.  The Tariff Council shall submit its recommendation in this regard to the
Council of Ministers to take the appropriate decision.
3. Any measures, which support the adjustment of domestic producers to imported
products, provided it does not conflict with the Agreement on Safeguards issued by
the Organization.
(b) The basis and conditions necessary for excluding any developing Member country from the
application of safeguard measures shall be determined in pursuance to the regulations issued by this
Law, provided that such exclusion, in all cases, shall be made by a decision from the Council of
Ministers, upon the recommendation of the Minister.G/SG/N/1/JOR/2
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General Provisions
Article 22
(a) It shall not be permissible to disclose confidential information which the Ministry, competent
authority or any person or other official entity, examined in the course of carrying out their duties to
implement the provisions of this Law and the regulations issued in pursuance.  The standards for such
confidentiality and the provisions pertinent thereto, shall be set in pursuance to the regulations issued
by this Law.
(b) Each person violating the provisions of paragraph (a) of this Article shall be penalized with a
fine not less than JD 1,000 and not more than JD 3,000.
Article 23
Each Safeguard Agreement, Anti-Dumping Agreement, Subsidies and Countervailing
Measures Agreement and international applications in this scope issued by the Organization, shall begiven due allowance when applying this Law and the regulations issued in pursuance.
Article 24
The Ministry shall be required to consult wi th Member countries with significant interest
before imposing any measures in pursuance to the provisions of this Law.
Article 25
(a) The following registers shall be organized in the Ministry under the supervision of an official
named by the Minister:
1. Dumping register.2. Subsidies register.3. Safeguard register.
(b) The statements recorded in the registers stip ulated in paragraph (a) of this Article, the
documents kept with the competent authority and th e duties for examining such registers shall be set
in pursuance to a regulation issued for this purpose.
Article 26
The Council of Ministers shall issue the necessary regulations to implement the provisions of
this Law including the safeguard measures Regulation and Anti-Dumping and Anti-Subsidies
Regulation, provided they contain the following particularly:
(a) The duties collected from the applicant of the protection application of Injurious Practices.(b) The basis and standards related to an increase in imports, injury, the causal link and issues
supporting the competent authority and related to the substantiation of same.
(c) The manner applying the measures, the maximum limit for their durations, conditions of their
renewal, revision, termination, gradually liberalizing same, evaluating, re-imposing same and the
remaining provisions related therewith.G/SG/N/1/JOR/2
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(d) Public announcements, reminders and notices related to decisions issued in pursuance to the
provisions of this Law, and notifications to interested parties, Member countries, the Organization or
any of its apparatuses.
(e) The basis and standards related to the existence of dumping of a specific product and the
manner of calculating its export price, its normal value and margin of dumping, and determining the
existence of injury and causal link and the issues related to the substantiation of that.
(f) The basis and provisions related to the existence of subsidizing, its calculation, and
determining the existence of injury and a causal link and issues related to the substantiation of that.
(g) Investigation procedures and matters contained therein and determining the interested parties
and participating parties therein.
(h) Provisions of price undertakings, their duration, review and termination.
(i) The basis of determining the quota shares of the imports and the manner of their allocation to
importing countries in the case of an increase in the imports.
(j) Basis related to the existence of liaison relationships between interested parties subject to the
provisions of this Law and the results arising there from.
(k) Information and evidence whose availability is necessary in the application to impose
measures and the entities which may submit an application, such as the representative of the Domestic
Producers.
(l) Provisions related to supporting Domestic Producers to request the imposition of measures.
(m) Results arising from the existence of direct competing products in the case of an increase in
the imports and the provisions related therewith.
(n) Determination of the periods necessary for the realization of the preliminary decisions
stipulated in this Law.
Article 27
(a) The National Production Protection Law No. 4 of 1998 shall be cancelled provided that the
regulations and instructions issued in pursuance remain effective until they are cancelled or replacedwith others.
(b) The provisions of any other legislation shall not be enforced to the extent they conflict with
the provisions of this Law.
Article 28
The Prime Minister and the Ministers shall be responsible for the implementation of the
provisions of this Law.
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