./.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/JOR/1 
G/SCM/Q1/JOR/1 2 April 2004 
 
 
(04-1513) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Questions Posed by the EUROPEAN COMMUNITIES
 
Regarding the Notification of JORDAN1 
  
 The following communication, dated 31 March 2004, is being circulated at the request of the Delegation of the European Commission. 
 
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A.  National Production Protection Law No. 50 of 2002,   
 1. Article 5 (b)
: EC notes that in accordance with this pr ovision the Minister of Agriculture can 
submit an application. Similarly Article 35  of the “Anti-Dumping and Subsidies Regulation 
No. 26 of 2003” provides a.o. that “ministr ies supervising a production sector and others” 
may submit such application. Normally, applicati ons shall be lodged by or on behalf of the 
domestic industry, pursuant to Article 5.1 of the Anti-Dumping Agreement (ADA), except if 
special circumstances exist. Do es Jordan consider that the cases falling under Articles 5 (b) of 
Law No. 50 and Article 35 of Regulation No . 26 automatically constitute special 
circumstances justifying self-initiation, in accordance with Article 5.6 ADA? Does Jordan 
apply Article 7  of Law No. 50 regarding self-initiation only if special circumstances exist? 
 
• Article 6 (b)  provides that the initiation of the inv estigation shall be announced immediately 
following the determination of the initiation. Does Jordan notify the government of the 
exporting country before initiation of the receipt of  an application, in accordance with Art. 5.5 
ADA? 
 
• Article 8 (a)  (and Article 43 of Regulation No. 26) : When determining the period of 
investigation, will the investigating aut horities follow the guidance provided by the 
Recommendation concerning the periods of data collection for AD investigations G/ADP/6 of 
16.5.2000?  
 
• Article 9 (b) : Does this provision apply only to domestic producers or also to e.g. importers? 
Is there a duty to cooperate and to submit the information requested?  
 
• Article 11 (a) (2) : Could Jordan please clarify how the “conflict with personal interest” is to 
be interpreted? 
 
                                                      
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 B.  Anti-Dumping and Subsidies Regulation No. 26 of 2003 
 
• Article 9 (b)
 defines when sales of the like product ar e not in the ordinary course of trade. 
Could Jordan explain the addition of profits to the costs of production plus administrative, 
selling and general costs, in particular in the light of Article 2.2.1 ADA?  
 
• Articles 12 and 41  refer to instructions that may be issued by the Minister. Have such 
instructions already been issued?  
 
• Article 29 (a) (4)  refers to prices less than those of the like domestic product. Could Jordan 
clarify how this relates to Article 3.7 (iii) ADA which requires that imports enter at prices that 
will have a significant depressing or suppressing effect on domestic prices?  
 
• Article 48 (c)  : Could Jordan please clarify whether such meetings are convened by the 
investigating authority or by the parties? 
 
• Does the investigating authority provide disclosur e, before making a final determination, in 
accordance with Article 6.9 ADA? 
 
• Has Jordan adopted provisions regarding the use of sampling in AD investigations? 
 
• Article 59 (c)  : Could Jordan clarify whether the exporters concerned have an opportunity to 
make comments on the non-acceptance of an un dertaking, in accordance with Article 8.3 
ADA? 
 
• Could Jordan please confirm that the provisions of Article 8.5 ADA are applied? 
 
• Article 70 : Could Jordan please clarify whether aut horised refunds are normally made within 
90 days of the decision, in accordance with Article 9.3.2 ADA? 
 
• Article 74 (a) : Could Jordan please clarify the duration of the “specific period” to be set by 
the competent authority? Is this a fixed peri od applying to all cases or is it determined on a 
case-by-case basis? 
 
• Article 81 (a) (2) : does the investigating authority give importers an opportunity to comment 
before making such finding, in acco rdance with Article 10.8 (ii) ADA? 
 
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