WORLD TRADE  
ORGANIZATION  G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 8 October 2003 
 
(03-5293) 
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 
 
JORDAN 
 
  The following communication, dated 3 September 2003, has been received from the Permanent Mission of Jordan.  
_______________ 
 
  In accordance with Article 18.5 of the Agreement on Implementation of Article VI of GATT 1994, Jordan has the honour to notify the Committ ee on Anti-Dumping Practices both a translated 
copy of its National Production and Protection Law No . 50 for the year 2002, published in the Official 
Gazette No. 4560 dated 15 August 2002, and a translated copy of its Anti-Dumping and Anti-
Subsidies Regulation No. 26 for the year 2003, issued in pursuance to Article 26 of the above-mentioned Law, and published in the Offici al Gazette No. 4587 dated 2 March 2003. 
  In accordance with Article 32.6 of the Agreem ent on Subsidies and Countervailing Measures, 
Jordan has the honour to notify the Committee on Subsidies and Countervailing Measures both a 
translated copy of its National Production Protection Law No. 50 for the year 2002, published in the Official Gazette No. 4560 dated 15 August 2002, an d a translated copy of its Anti-Dumping and Anti-
Subsidies Regulation No. 26 of the above-mentioned Law, and published in the Official Gazette No. 4587 dated 2 March 2003.  
  
  G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 2 
 
 
  
National Production Protection Law
 
No. 50 of 2002  
 
Article 1:  
 This Law shall be cited as the “National Pr oduction 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 Ministry authorized to investigate in injurious 
practices pursuant to the provisions of this Law. 
Measures: Any measures which may be applie d 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 th e 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 injury; in the condition of safeguards. 
2. Material injury of domestic producers or th reat thereof in conditions of dumping and 
subsidizing, or material injury which re tards the establishment of a domestic injury. 
Article 3: 
(a) The provisions of this Law shall apply to i ndustrial and agricultural products imported to the 
Kingdom from Member countries.  
(b) The Council of Ministers may apply any of th e provisions of this Law on imported products 
from non-Member countries or impose a customs duty on products imported from such countries, or impose any other measures in their regard, it d eems necessary for the protection of national 
production, including the imposition of duties to the extent necessary to achieve this purpose. 
  G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 3 
 
 
 Measures  
 
Article 4: 
 
(a) Pursuant to the provisions of this Law, meas ures 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 compar ison with previous years, or relative to 
domestic production. 
(2) Imposition of anti-dumping duties if the e xport price of a product imported to the 
Kingdom is less than its normal value. 
(3) Imposition of countervailing duties, if the s ubsidy 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 the measures stipulated in paragraph (a) of this 
Article, unless it was substantiated, upon an inves tigation performed by the competent authority in 
accordance with the provisions of this Law that in jurious practices exist and have caused injury to 
domestic producers.  
Application
 
 
Article 5: 
 
(a) Domestic producers or representatives ther eof 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 a pplication to ascertain that it satisfies the 
conditions and requirements stipulat ed 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 c onditions and requirements and he may extend same 
to 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 th e following conditions are present: 
 
(1) Support of the domestic producers to the application submitted for the imposition of 
measures. G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 4 
 
 
 (2) Presence of sufficient evidence on injuri ous 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 existe nce 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 of 
investigation including any period prior to the date of submission of the application.  The information 
pertaining to injurious practices and injury during su ch 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 re gulations issued for this purpose. 
 
(b) The competent authority shall give interest ed 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 author ity shall enable such parties to examine any 
information or evidence pertinent to the investiga tion, should such information be non-confidential. 
 Article 9: 
 
(a) The competent authority shall examine and ve rify 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 fro m 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 publ ic 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 counterva iling duties, shall he accept an undertaking 
submitted 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  G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 5 
 
 
 thereof.  The Minister may decide the continuance of the investigation in spite of accepting such an 
undertaking.  
Article 11: 
 
(a) The Minister shall terminate the investiga tion, 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 exis tence of injurious practices or resulting 
injury is insufficient. 
(2) If the submitted application was withdrawn and such procedure did not conflict with 
personal interest. 
(3) If the recommendation of the competent authority confirms the absence of injurious 
practices or injury. 
(b) The Minister shall decide, upon the recommendati on of the competent authority, to terminate 
the investigation in regard of a product of a speci fic exporter or a certain country, in conditions of 
dumping and subsidizing, without imposing any measur es; 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 termin ated in accordance with the provisions of paragraphs (a) or (b) of 
this Article, the Minister may issue the n ecessary 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 decide d, the competent authority shall consider the 
following periods for completion of the same: 
 
(a) Within a period that does not exceed six m onths as of the date of initiating a safeguards 
investigation.  It shall be permissible, upon decisi on 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 permi ssible, upon decision of the Minister, to extend such 
periods 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 r eaches a preliminary determination on the existence G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 6 
 
 
 of 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. 
 (b)  The types of provisional measures, their dura tion and scope of appli cation 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 co llected 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 th e 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 ev ident 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 objectiv e evidence and accompanied with a comprehensive 
report illustrating the results achieved on the existenc e of injurious practices, injury and causal link. 
 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 pr ovided his decision contains the type of 
such measures, their magnitude and scope of  application.  Such decision shall be 
submitted with 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 the decision whether the decision was submitted by the Minister or the Tariff Council.  
The decision of the Council of Ministers sha ll be final and subject to appeal to the 
High Court of Justice. 
(b) If the Council of Ministers approves the decisi on to impose final measures, their application 
shall commence as of the date set by the Council.   G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 7 
 
 
 Article 18: 
 
(a) When imposing the final measures due allowan ce shall be given that the measures are applied 
to the extent necessary to prevent or remedy injury in a manner wh ich 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 ma ximum limit of the application period are set in 
the regulations issued by this Law.  (b) It shall not be permissible, for the amount of the imposed anti-dumping duties or 
countervailing duties to surpass the margin of dum ping represented in the difference between the 
normal value and the export price, or the amount of s ubsidy determined by the investigation.  It shall 
be permissible to determine such duties in amount s lower than the margin of dumping or the amount 
of 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 wher e it constitutes dumping and subsidizing. 
 
Article 19: 
 
 Safeguard measures shall be applied to all impor ts 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 and receive subsidies. 
 Article 20: 
 
 If the imposition of measures is rejected in pursu ance to the provisions of this Law, it shall 
not be permissible for the applicant to submit another application based on the same factual aspects and reasons provided in the first application before  180 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 recomme ndation of the competent authority, to impose 
the following safeguard measure s 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. G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 8 
 
 
 (b) The basis and conditions necessary for excludi ng any developing Member country from the 
application of safeguard measures sh all 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. 
 
General Provisions
 
 
 Article 22: 
 (a) It shall not be permissible to disclose conf idential 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 regulati ons 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 paragra ph (a) of this Article shall be penalized with a 
fine not less than one thousand Dinars a nd not more than three thousand Dinars. 
 
Article 23: 
  Each Safeguard Agreement, Anti-Dumpi ng Agreement, Subsidies and Countervailing 
Measures Agreement and international applications in this scope issued by the Organization, shall be 
given due allowance when applying this La w and the regulations issued in pursuance. 
 
Article 24: 
 
 The Ministry shall be required to consult with 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 th e 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 stipulated 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 Re gulation and Anti-Dumping and Anti-Subsidies 
Regulation, provided they contain the following particularly: 
 
(a) The duties collected from the applicant of th e protection application of injurious practices. 
 (b) The basis and standards related to an increas e in imports, injury, the causal link, and issues 
supporting the competent authority and re lated to the substantiation of same.  G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 9 
 
 
  
(c) The manner of applying the measures, the ma ximum limit for their durations, conditions of 
their renewal, revision, terminati on, gradually liberalizing same, eval uating, re-imposing same and the 
remaining provisions related therewith. 
 
(d) Public announcements, reminders and notices re lated to decisions issued  in pursuance to the 
provisions of this Law, and notifications to inter ested parties, Member countries, the Organization or 
any of its apparatuses.  
(e) The basis and standards related to the ex istence of dumping of a specific product and the 
manner of calculating its export price, its normal va lue and margin of dumping, and determining the 
existence of injury and causal link and the i ssues related to the substantiation of that. 
 (f) The basis and provisions related to the exis tence of subsidizing, its calculation, and 
determining the existence of injury and a causal lin k and the 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, thei r 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 relati onships between interested parties subject to the 
provisions of this Law and the results arising therefrom.  (k) Information and evidence whose availabilit y is necessary in the application to impose 
measures and the entities which may submit an applica tion, 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 re main effective until they are cancelled or replaced 
with others.  (b) The provisions of any other legislation shall not  be enforced to the extent they conflict with 
the provisions of this Law. 
 G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 10 
 
 
 Article 28: 
 
 The Prime Minister and the Ministers shall be responsible for the implementation of the 
provisions of this Law. 
 
* * * 
   G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 11 
 
 
 Anti-Dumping and Subsidies Regulation  
No. 26 of 2003  
 
 Article 1: 
 
 This Regulation should be cited as the Anti- Dumping and Anti-Subsidies Regulation for the 
year 2003 and shall come into effect as of the date of its publication in the Official Gazette. 
 Article 2: 
 
 Wherever used in this Regulation, and unless the context provides otherwise, the following 
terms and expressions shall have the meaning ascribed hereunder:  
The Law:  National Production Protection Law in force. 
The Ministry:  Ministry of Industry and Trade. The Minister:  Minister of Industry and Trade. Interested Party: Producer, exporter and im porter of imported product and any domestic 
producers of a like product or any organization in which the majority of members are producers, importers or exporters of such product and the 
government of the exporting country. 
 
Article 3: 
 
(a) In determining domestic industry, domestic  producers importing products allegedly dumped 
or subsidized shall be excluded in addition to dome stic producers related to im porters or exporters or 
producers of such products.  (b) For the purposes of this Regulation, a person is  considered related to another in any of the 
following circumstances:  
(1) If either of them directly or indirectly controls the other. 
(2) If a third person directly or indirectly controls both of them. 
(3) If a third person is directly or indirectly controlled by both of them. 
(c) For the purposes of paragraph (b) of this Article: 
 
(1) The relation shall have no effect unless it l eads or may lead to the behaviour of a 
person in a manner different from that of unrelated producers. 
(2) A person is considered in control of another if same is in a legal or practical position 
which permits him to restrict or direct the other person. 
Determination of Dumping
 
 
Article 4: 
 
 A product is considered dumped if the price at which it is sold for exporting to the Kingdom (export price) is less than its normal price.  Th e difference between the normal value and export price 
is known as the margin of dumping. G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 12 
 
 
  
Determination of Normal Value
 
 
Article 5: 
 
 For the purposes of Article 4 of this Regulati on, the normal value is the price of the product 
exported to the Kingdom when introduced for consump tion in the country of origin in the ordinary 
course of trade.  Article 6: 
 
(a) When there are no sales of a product in the or dinary course of trade in the exporting country 
or if such sales do not permit a proper comparison as a result of a particular market situation or the low volume of sales, the normal value of the product shall be determined upon any of the following 
criteria: 
 
(1) The price of such product when exported to a third country appropriate for the 
conduct of a proper comparison. 
(2) The cost of production in the country of origin plus profit and a reasonable amount 
for administrative, selling and any othe r general costs (constructed value). 
(b) For the purposes of paragraph (a) of this Article , the volume of sales shall not be considered a 
sufficient quantity if the amount of the sales of the product under examination in the country of origin or in a third country are less than five per cent (5 %) of the amount of its sales to the Kingdom unless 
the competent authority decides,  based on evidence available to it or presented by the concerned 
parties, that such sales are of sufficient ma gnitude to provide for a proper comparison. 
 
Article 7: 
 
(a) The normal value of a product shall be determined  according to the price at which it is sold in 
the exporting country.  
(b) The normal value of a product not imported di rectly from the country of origin may be 
determined according to the price in the count ry of origin in any of the following cases: 
 
(1) If the product is merely transshipped through the country of export. 
(2) If the product is not produced in the country of export. 
(3) If the product has no comparable price in the country of export. 
Article 8: 
 
 The normal value of a product imported from a country, which the competent authority decides does not rely on market economies, shal l be determined according to information from a 
country which relies on such economies and in which the condition of production therein is similar to 
the condition of production in such country or by constructing the normal value or any other basis the 
competent authority deems appropriate.   G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 13 
 
 
 Article 9: 
 
 The competent authority shall exclude the sales shown hereunder for the purposes of determining the normal value of the product: 
 
(a) Sales concluded with people related to th e seller in accordance with the provisions of 
Article 3 of this Regulation.  (b) Any sales of such product in the exporting country or a third country at a price below per unit 
costs of production plus administrative, selling and ge neral costs of such unit and profits provided all 
the following conditions are present:  
(1) If the price of such sales do not lead to recovery of the costs within a reasonable 
period of time as a result of such prices bei ng below that of the weighted average of 
the production per unit costs of the product during the investigation period plus 
administrative, selling and general costs of this unit. 
(2) If such sales are made within a period of time that extends over one year provided 
that such period does not fall beneath six months in all cases. 
(3) If such sales are made in substantial qua ntities when the weig hted average selling 
price of the transactions that are considered  in determining the normal value is below 
the weighted average per unit costs, or the volume of sales was made at a per unit 
cost that does not fall below 20 per cent of the volume of sales of such transactions. 
 
Determination of Export Price
 
 
Article 10: 
 
 The export price is the price paid or payable for the product when sold for export to the Kingdom from the exporting country.  
Article 11: 
 
 In cases where a final export price cannot be de termined or in cases in which the competent 
authority considers the export price unreliable as a r esult of the existence of a relation in accordance 
with the provisions of Article 3 of  this Regulation, or the existence of a special agreement between the 
exporter and the importer or a third party, the comp etent authority may construct the export price in 
the following manner: 
 (a) Based on the price at which the imported pr oduct is first resold to an unrelated and 
independent buyer in the Kingdom from which any profits, costs, duties or expenses that were 
realized between importing and resale within the Kingdom are deducted.  
(b) Based on reasonable basis which the competent authority deems appropriate if the product is 
not resold to an independent buyer or not resold in the condition it was imported in.  G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 14 
 
 
 Calculation of Costs
 
 
Article 12: 
  For the purposes of the provisions of Article  6 and paragraph (b) of Article 9 of this 
Regulation, the Minister shall issue instructions  determining the methods and directives used to 
calculate the costs and profits in accordance with  the provisions of the Anti-Dumping Agreement of 
the World Trade Organization.  
Comparison between Export Price and Normal Value
 
 
Article 13: 
 
 For the purposes of calculating the margin of dumping a fair comparison is made between the 
export price and normal value of the imported produc t pertaining to sales made at as nearly as 
possible on the same level of trade.  
Article 14: 
 
 For the purposes of comparing between the e xport price and normal value, due allowance 
shall be made in each case on its own merits for differences that prejudice the comparison including 
the differences in the conditions and terms of sale,  taxation, trade levels, quantities of the product and 
its physical characteristics.  
Article 15: 
 
 For the purposes of comparing between the export price and the normal value, both shall be converted to the same currency by using the rate  of exchange on the date of sale unless the export 
price is directly linked to currency transactions in  the forward market.  In such case the rate of 
exchange in the forward sale shall be used.  Article 16: 
 
 The margin of dumping which results exclusivel y from fluctuations in the rate of exchange 
shall be ignored.  Such margin of dumping results  from a continuous appreciation in the value of 
foreign currency in comparison to the Jordanian Dina r.  The competent authority shall allow exporters 
in an investigation at least sixty days to adjust  the export prices in order to reflect the sustained 
movements in the exchange rate during the period of investigation.  
Determination of the Margin of Dumping
 
 
Article 17: 
 
(a) The margin of dumping is the difference be tween the normal value of the imported product 
and its export price.  (b) It is permissible to refer to the margin of  dumping in a percentage by dividing the resulted 
value in paragraph (a) of this  Article by the export price. 
 (c) Dumping is considered to exist if the calcula ted margin of dumping is less than 2 per cent 
(2%).   G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 15 
 
 
 Article 18: 
 
 Notwithstanding the provisions stipulated in Artic les 13, 14, 15 and 16 of this Regulation, and 
for the purposes of defining whether dumping has occu rred during the period under investigation, the 
margin of dumping of any exporter or producer  shall be established in the following manner: 
 (a) The difference between the weighted av erage normal values of sales approved by the 
competent authority according to the conditions stipulated in Articles 5, 6, 7, 8 and 9 of this Regulation, and the weighted average of prices of all comparable export prices to the Kingdom within 
the same period. 
 (b) Or the weighted average of the margins of dumping resulting from the difference between 
each normal value of the product in each of the transacti ons referred to in paragraph (a) of this Article 
and the export price of the comparable transaction. 
 
Article 19: 
 
 The margin of dumping of a specific country is calculated on the basis of the weighted average of the individual margins of dumping of exporters from that country.  Article 20: 
 
 Notwithstanding the provisions of Article 18 of this Regulation, if the competent authority discovers that the pattern of export prices differs greatly between different buyers, areas or periods of 
time then it may calculate the margin of dumping of the specific exporter or producer based on the 
weighted average of the margins of dumping r esulting from the difference between the weighted 
average of the normal values of the products of such exporter or producer and the prices of his individual exporting transactions.  In such cases th e competent authority must present the interested 
parties with a justification for its inability to cons ider such differences and in an appropriate manner 
by applying the provisions of Article 18 of this Regulation.  
Subsidies
 
 Article 21: 
 
 It shall be permissible to impose counter vailing duties on a product imported to the Kingdom 
if it becomes apparent as a result of an investig ation carried out by the competent authority in 
accordance with the provisions of the Law and this Re gulation, the existence of either of the following 
cases:  (a)  
(1) The imported product is subsidized as defi ned in Article 22 of this Regulation. 
(2) The granted subsidy is specific in accordance with the concept stipulated in Article 23 
of this Regulation. 
(3) The imports of the product which received s ubsidy causes injury to a like product in 
accordance with the provisions stipulat ed in the Law and this Regulation. 
(b) Or the imported product benefits from a prohi bited subsidy in accordance with the concept 
stipulated in Article 24 of this Regulation. G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 16 
 
 
  
Article 22: 
 
(a)  For the purposes of this Regulation subsidiz ing connotes a benefit or financial contribution 
provided by the exporting country or any form of in come subsidy or price subsidy in accordance with 
the concept stipulated in Article 16 of GATT 1994 , which leads to benefit entities or individuals 
producing, distributing, transporting, selli ng or exporting products or other means. 
 (b) Any of the following forms of governmental fi nancial contribution is considered a subsidy: 
 
(1) Any financial contribution provided by a government whether direct (grants and 
loans) or indirect (loan gua rantees given by other entities). 
(2) Government’s due revenues foregone by ex empting them or not collecting them, 
except for exempting an exported product, co mpletely or partially, from fees or taxes 
imposed on a like product when destined for domestic consumption or refunding such 
fees or taxes after exporting if same are co llected provided that the refunded amount 
does not exceed the amount that was actually collected. 
(3) A government purchases goods or provides goods or services other than general 
infrastructure. 
(4) A government implementing forms stipulated in clauses 1, 2 and 3 of this paragraph 
by making payments to funding establishments or entrusts or directs a private body to 
carry out one or more of the type of functions illustrated in this paragraph. 
Specificity of a Subsidy
 
 
Article 23: 
 
(a)   
(1) A subsidy is considered specific if the government providing it or legislation 
governing it limits access to a subsidy to sp ecific establishments or within a certain 
geographic area. 
(2) For the purposes of the provisions of this Regulation, a specific enterprise is one 
enterprise or a specific industrial sector or a group of enterprises or industries. 
(b) A subsidy shall not be considered specific if it was granted in accordance with objective 
criteria or conditions set by the authority or by th e legislation governing the eligibility for, and the 
amount of, a subsidy, provided that the eligibilit y becomes automatic and that such criteria and 
conditions are strictly adhered to. 
 (c) For the purposes of this Article the terms and conditions shall be considered objective if they 
are characterized impartiality whereby they do not  favour certain enterprises over others and which 
are economic in nature and horizontal  in application such as the size of the enterprise or the number of 
employees therein or any other factor. 
  G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 17 
 
 
 Prohibited Subsidies  
 
Article (24): 
 (a) Subsidizing is prohibited in any of the following cases: 
 
(1) Subsidies contingent, in law or in fact, whether solely or as one of several other 
conditions, upon export performance. 
(2) Subsidies contingent, whether solely or as one of several other conditions, upon the 
use of domestic over imported goods. 
(b) A subsidy is contingent upon export performan ce, even without having been legally made so, 
if such subsidy is in fact tied to actual or anticipated exportation or export earnings. 
 (c) It is not sufficient for an establishment or  company granted a subsidy to have exporting 
activities in order to regard the subsidy as prohibited. 
 
Non-Actionable Subsidies
 
 
Article 25: 
  It shall not be permissible to impose countervailing measures against the following forms of 
subsidies:  (a) Subsidies granted for research activities c onducted by firms or by higher education or 
research establishments based on a contract basis w ith firms, provided that the amount of subsidy 
does not exceed 75 per cent of the overall costs of industrial research or 50 per cent of the overall 
costs of pre-competitive development activity.  The types of such costs and the concept of industrial 
research shall be determined in accordance with instru ctions issued by the Minister for such purpose. 
 (b) Subsidies given to disadvantaged regions within the territory of exporting country, pursuant to a general plan for regional deve lopment provided that such assistance is given to the concerned 
establishments in that area.  The conditions and terms necessary for considering such areas 
disadvantaged shall be determined in accordance with  instructions issued by  the Minister for such 
purpose.  (c) Subsidies given to assist facilities to adapt to  the new environmental requirements imposed by 
legislation which results in a fi nancial burden and great er constraints on firms, provided that the 
percentage of subsidies does not exceed 20 per cent of the cost of adaptation and the institution has 
been operational for a period of two years at least as of the date of imposing the new environmental 
requirements in addition to any terms set by the Mini ster through instructions issued for such purpose. 
 
Amount of Subsidy
 
 
Article 26: 
 
(a)  The amount of subsidy is determined based on the realized benefit of the person receiving the 
subsidy and which is calculated dur ing the period being investigated. 
 
(b) The rules shown underneath shall be implemen ted to calculate the realized benefit of the 
person receiving the subsidy: G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 18 
 
 
  
(1) Government provision of equity capital sh all not be considered as conferring a 
benefit, unless the investment decision can be  regarded as inconsistent with the usual 
investment practice of private investors in the territory of the exporting country. 
(2) A loan by a government shall not be considered as conferring a benefit, unless there 
is a difference between the amount that the fi rm receiving the loan pays (interest and 
any other costs) on the government loan and the amount the firm would pay on a comparable commercial loan which the firm could actually obtain on the market.  In 
this case the benefit shall be the difference between these two amounts. 
(3) A loan guarantee by a government shall not be considered as conferring a benefit, 
unless there is a difference between the amount that the firm receiving the guarantee pays on a loan guaranteed by the government  and the amount that the firm would pay 
on a comparable commercial loan absent the government guarantee.  In this case the 
benefit shall be the difference between these two amounts adjusted for any 
differences in fees. 
(4) The provision of goods or services or purchase of goods by a government shall not be 
considered as conferring a benefit unless the provision is made for less than the 
market price, or the purchase is made for more than the market price.  Taking into consideration the prevailing market conditi ons such as the quality, availability, 
marketability, transportation and othe r conditions of sale and purchase. 
Injury
 
 Article 27: 
 
 The competent authority shall determine materi al injury actually affecting domestic producers 
as a result of dumping or subsidizing based on an in vestigation conducted in th is regard, taking into 
consideration the following:  (a) Existence of a significant increase in the volume of dumped or subsidized imports, whether absolute or relative to domestic production or cons umption and the degree of impact of such dumped 
or subsidized imports on the prices  of like domestic product in the do mestic market, provided that the 
following factors are given due allowance: 
 
(1) Dumped or subsidized products have been  introduced at prices below the price of a 
like product with a significant difference. 
(2) Imports have significantly led to depressi ng the price of the like domestic product or 
a prevention of an increase in its price,  which would have been possible in the 
absence of such imports. 
(b) The degree of impact of dumped or subsidized imports on domestic producers.  Such impact 
is determined by evaluating the economic indicators and factors related to the situation of domestic 
producers, including:  
(1) Actual or potential decline in sales, profits, production, market share, productivity, 
return on investments or utilization or capacity.  G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 19 
 
 
 (2) Actual or potential negative effects on cash flow, inventories, employment, wages, 
growth and ability to raise capital or investments. 
(3) Factors affecting domestic prices. 
Article 28: 
 
 The evaluation of the effect of dumped or subs idized imports shall be assessed in relation to 
domestic producers based on information pertaining to the production of a like domestic product.  If 
such information is unavailable evaluation shall be  based on information pertinent to the narrowest 
group or range of products, which includes the lik e product, for which the necessary information can 
be provided. 
 
Threat of Injury  
 Article 29: 
 
 For the purposes of determining threat of materi al injury, the competent authority shall rely 
on facts not merely on an allegation, conjecture or re mote possibility.  In that regard the competent 
authority shall take into consideration the following:  (a) Any factors indicating the probability of the exis tence of an increase of dumped or subsidized 
imports such as: 
 
(1) A significant increase in the rate of imports. 
(2) Availability of un-utilized production capacity in  the export country or availability of 
an increase in product’s inventory in that country and unavailability of other export 
markets to absorb any additional exports. 
(3) Existence of future arrangements for exporti ng dumped or subsidized products to the 
Kingdom. 
(4) Existence of dumped or subsidized products  at prices less than that of the like 
domestic product indicating a likelihood of an increase on the demand of such dumped or subsidized product. 
(b) Increase in the inventory of the dumped or subsidized product in the Kingdom. 
 
Article 30: 
 
 The competent authority may not determine the ex istence of threat of injury unless the totality 
of the factors referred to in Article 29 of this Re gulation lead to the conclusion that there is an 
imminent increase in dumped or subsidized products which shall cause injury unless measures are imposed in accordance with this Regulation.  
Causal Link
 
 
Article 31:  
 The competent authority shall ascertain that the dumped or subsidized imports, in view of the 
results, are the cause of the injury that occurred or which may occur to the domestic producers, and G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 20 
 
 
 shall especially consider the existence of a signifi cant increase in such dumped or subsidized imports 
whether such increase is absolute or relative to  domestic production or consumption in the Kingdom 
and the impact of such imports on prices and the degree of the margin of dumping. 
 Article 32: 
 
 The competent authority shall consider, when  evaluating the casual link, any other factors 
besides the dumped or subsidized imports which cause d or may lead to such injury such as the volume 
of the imports not sold at dumped or subsidized pr ices, other factors which may effect domestic prices 
and suppress demand, changes in the patterns of cons umption, trade restrictive practices, competition 
between foreign and domestic producers, developm ent of technology, export performance and the 
productivity of domestic producers.  
Article 33: 
 
 The competent authority may, for the purposes of evaluating injury, when investigating the 
imports of a certain product from more than one countr y, accumulate the effects of such imports if the 
following becomes evident:  (a) The margin of dumping of imports of each country exceeds 2 per cent of the export price in 
the case of dumping, and that the subsidy amount is no t less than 1 per cent in the case of subsidizing. 
 (b) The volume of imports from each country is not negligible.  (c) The evaluation of the effects of imports in a cumulative manner is appropriate in light of the 
conditions of competition between the imported products and the c onditions of competition between 
the imported products and the like domestic products. 
 
Material Retardation of the Establishment of a Domestic Industry
 
 Article 34: 
 
(a) The competent authority shall assess, when dete rmining the existence of a material retardation 
of the establishment of a domestic industry for the production of a like domestic product, the following:  
(1) The prospect of establishing a domestic industry within a reasonable period of time. 
(2) The likelihood of the growth and continuance of such an industry. 
(b) The competent authority shall consider, esp ecially, economic feasibility studies, concluded 
loans or those that shall be concluded and equi pment purchase contracts concluded for the purpose of 
establishing new investment projects or expanding existent plants.  
The Application
 
 Article 35: 
 
 Domestic producers or their representatives such  as chambers of industry and trade, unions, 
societies, concerned associations, ministries superv ising any production sector and others may submit 
a written application to the Minister to protect th eir production from dumped or subsidized imports on 
the form prepared by the Ministry for such purpose.  G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 21 
 
 
  
Article 36: 
 
 Domestic producers or their representatives shall include evidence on dumping or 
subsidizing, injury and causal link in the applicati on.  The application shall also include, as reasonably 
possible, the following information and data:  (a) The identity of the applicant and a descrip tion of the volume and value of his production of 
the like product.  In case an application is made on behalf of domestic producers then it shall include a 
list of their names and the volume and value of their production of the like product. 
 (b) A detailed description of the allegedly dumpe d or subsidized product and the like domestic 
product including their technical specifications, uses a nd HS tariff code and, specifically, the pertinent 
country or countries of origin or export. 
 
(c) The volume and value of the production of the domestic product.  (d) The name and address of every foreign expor ter or producer known to the applicant who 
produces or exports the dumped or subsidized pr oduct and a list of the known importers who import 
same. 
 
(e) Information on the export price and normal value in the case of dumping as follows:  
(1) Price at which the imported product is sold  for consumption in the domestic market 
of the exporting country, or where appropriate , the price at which the product is sold 
from the exporting country to a third country or the constructed price of the product 
in question, subject to the provisions  of Article 6 of this Regulation. 
(2) Export prices of the product allegedly dumped in the Kingdom, or, where appropriate, 
the prices at which the product is first so ld to an independent purchaser in the 
Kingdom. 
(f) Information on the existence of subsidizing,  its form, volume and its capacity to bear 
measures taken against it in the case of subsidizing. 
 (g) Information on the increase in the volume of dum ped or subsidized imports and the effect of 
such imports on the prices of the like product in the domestic market and on domestic producers in 
accordance with the factors and indicators sti pulated in Article 27 of this Regulation. 
 
(h) Any detailed or additional information the Mini ster decides to include in the application. 
 
Article 37: 
 
 The applicant requesting protection shall subm it copy of such application not containing 
confidential information. 
 G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 22 
 
 
 Support of Domestic Producers
 
 Article 38: 
  The Minister is prohibited from issuing a deci sion to initiate an investigation, unless it 
becomes evident to the competent authority, su bsequent to an announcement published to assess the 
support of domestic producers, that:  (a)  Application is supported by those domest ic producers whose collective output constitutes 
more than 50 per cent of the total production of the like product produced by that portion of the 
domestic industry expressing either support for or opposition to the application. 
 (b) The collective total production of domestic  producers expressly supporting the application 
accounts for not less than 25 per cent of the total pr oduction of domestic producers of the like product. 
 
Article 39: 
 
 The competent authority may base its examination of the degree of support or opposition to the application on statistical samples in the cases where the number of domestic producers is very 
large. 
 
Article 40: 
 
 For the purposes of evaluating the degree of opposition to the application, the competent 
authority shall exclude producers who import the allege dly dumped or subsidized products.  It shall be 
permissible to exclude producers rela ted to importers or exporters of such products in accordance with 
the provisions of this Regulation.  
Article 41: 
 
 The Minister may issue instructions to dete rmine the period of time during which he shall 
refuse any application for the investigation of a specific product if the applicant had expressly 
opposed an application, which was made for the same product. 
 
Minimum Volume of Imports
 
 
Article 42:  
 It shall be prohibited to initiate an investiga tion regarding an imported product from a specific 
country and the investigation shall be promptly term inated during any stage if the competent authority 
determined that the volume of imports of that product is less than a certain percentage of the total imports of that product to the Kingdom as stipulated in international agreements of the World Trade 
Organization and in accordance with their provisions and exceptions. 
 
Periods of Investigation
 
 Article 43: 
 
 The competent authority shall decide upon the initiation of the investigation to endorse appropriate periods of time calle d the periods of investigation and the competent authority shall 
assemble information pertinent to the existence of dumping or subsidizing and the consequent injury, 
verify the accuracy of such information and an alyze it in relation to the endorsed periods.  G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 23 
 
 
  
Article 44: 
 
 The competent authority shall determine an individual margin of dumping for each producer 
or exporter known to it during the investigation. 
 
Article 45: 
 
 In cases where it is impracticable to determine an individual margin of dumping, in 
accordance with the provisions of this Regulation, for every producer or exporter under investigation 
because of their large number, the competent authorit y may limit the investigation to a sample of them 
based on the information available to it at the time of  selection or to limit it to a percentage of exports 
from a specific country when its investigation is pr actical.  The margin of dumping in such cases shall 
be determined in the following manner: 
 
(a) The margin of dumping shall be decided on an  individual basis for each item in the sample. 
 (b) The margin of dumping of those not included in  the sample based on the weighted margin of 
dumping calculated for those included in the sample provided that any margin of dumping which is negative or equals zero or any margin of dumping de termined by virtue of information available in 
accordance with Article 52 of this Regulation is excluded from the calculation of such weighted 
average.  
Collecting and Evaluating Evidence
 
 
Article 46:  
 Notwithstanding the provisions of Article 52 of this Regulation, the competent authority shall 
verify during the course of the investigation th e accuracy of the information presented by the 
interested parties upon which their feelings are based.  Article 47: 
 
(a) The competent authority may request the a pplicant or the interested parties in the 
investigation to examine any information or data it deems necessary for the purposes of the 
investigation within a period it sets for such purpose.  It may also send questionnaires to such parties 
and allow the concerned domestic parties receiving th e questionnaires a thirty-day period as of the 
date of handing the questionnaire for reply.  Such  period may be extended to a period that does not 
exceed forty-five days upon a justified reason.  The foreign interested parties shall be allowed a period 
of forty-five days which may be extended to a pe riod that does not exceed sixty days upon a justified 
reason.  
(b) For the purposes of implementing the provisions of paragraph (a) of th is Article and in the 
absence of evidence indicating the date of receiving the questionnaires, it shall be considered received 
after the expiry of one week as of the date of sendi ng them to the interested party or delivering them 
to the authorized representative of the exporting country in the Kingdom. 
 Article 48: 
 
 The competent authority shall allow the interest ed parties in the investigation the following: 
 (a) Examine any non-confidential information or  data found in the investigation file. G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 24 
 
 
  
(b) Present written submissions to the competent authority substantiate d with any available 
evidence in the course of the investigation with in a period set by the competent authority. 
 
(c) Convene public hearings, upon request, under th e supervision of the competent authority, 
between itself and the other parties interested with  hearing views and rebuttal arguments to each of 
them.  It shall be permissible to present or al information and arguments provided same are 
subsequently presented in writing and provided that either party is not obliged to attend the public 
hearing.  Failure to do so shall not  prejudice the case of the absent party. 
 
Article 49: 
 
 The competent authority shall take into consid eration any difficulties that may encounter the 
interested parties and applicants and may exte nd the given period to present the information upon a 
justified request whenever that is possible. 
 
Article 50: 
 
 The competent authority shall provide opportunities for related parties whether they be industrialists using the imported product in their industries or persons or entities representing them 
and representatives of consumers to present informati on or views relevant to the investigation in the 
manner benefiting the Kingdom in  implementing such measures. 
 
Investigations outside the Kingdom
 
 
Article 51:  
 For the purposes of verifying information provid ed or to obtain further details, the competent 
authority may conduct the necessary investigations  in the other countries provided they obtain the 
agreement of the companies or establishments wh ich it desires to obtain information from and 
provided the government of the interested count ry does not object after notification of its 
representative in the Kingdom.  The Minister shall i ssue instructions to regulate the conducting of the 
investigations in other countri es in accordance with the provisions of the World Trade Organization 
international agreements and their addendums.  
Article 52: 
 
(a) If any of the interested parties impeded such i nvestigation or prevented attaining results or did 
not provide the necessary information and data requi red for the purposes of the investigation within 
the set period, the competent authority may base it s findings on the information available from other 
sources to complete the investigation procedures and to issue a recommendation in that regard. 
 
(b) The Minister shall issue the necessary in structions to implement the provisions of 
paragraph (a) of this Article in accordance w ith the provisions of Wo rld Trade Organization 
international agreements and their addendums.  
Article 53: 
 
 The notifications sent to the applicant or inter ested parties in the investigation, request for 
information or delivery of copies of the application in accordance with the provisions of this Regulation shall be sent by means of registered ma il unless the interested party or his representative 
thereof receives same by hand from the competent authority.  G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 25 
 
 
  
Confidentiality  
 Article 54: 
 
(a) If any party of the investigation parties fu rnishes information or data and requests for 
justifiable reasons to consider it confidential, the competent authority shall be prohibited from 
disclosing it without the permission of the party at risk of legal responsibility. 
 
(b) If the competent authority finds that the reas ons which any party in the investigation bases its 
claim for confidentiality of information or data subm itted in the application or during the investigation 
do not warrant secrecy and in spite of that the pa rty insists on treating it as confidential then the 
competent authority may disregard such data in the course of the investigation unless it can be 
demonstrated to its satisfaction from truste d and associated sources that it is accurate. 
 
(c) In all cases any interested party providing any confidential information shall furnish non-
confidential summaries thereof.  Such summaries  shall be in sufficient detail to permit an 
understanding of the information.  The competen t authority may exempt that party from submitting 
such a summary if it becomes apparent to it that same is impossible.  
Preliminary Determination
 
 Article 55: 
 
 The competent authority and in accordance w ith the provisions of the law shall issue a 
preliminary determination pertinent to the existence or not of dumping or subsidizing, injury and the 
causal link not sooner than sixty days as of the publication of the announcement of the initiation of the investigation and subsequent to giving the inte rested parties a chance to submit any related 
information.  
Article 56: 
 
 If the preliminary determination ruled that dum ping, subsidizing, injury or a causal link did 
not exist, the Minister may decide to complete or  terminate the investigation as he deems necessary. 
 
Article 57: 
 
 The competent authority shall publish the prelim inary determination and shall notify it to the 
Organization in accordance with the provisions of this Regulation.  
Suspension of the Investigation
 
 
Article 58: 
 
(a)  The Minister may, upon the recommendation of  the competent authority, retract the decision 
to initiate the investigation by closing the file a nd terminating it at any stage in any of the following 
circumstances: 
 
(1) If the Minister is convinced that evidence on dumping or subsidizing or injury or the 
causal link are insufficient and do not jus tify proceeding with the investigation. G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 26 
 
 
 (2) If the applicant retracts the application and withdraws it in accordance with the 
provisions of the law. 
(3) If it becomes apparent to the competent authority that the margin of dumping is less 
than 2 per cent of the export price or that the amount of subsidy is less than 1 per cent 
or that the injury is unsubstantial. 
(4) If any of the cases stipulated in Article 42 of this Regulation are present. 
(b) The termination of the investigation shall be  limited to the exporter or country which fulfils 
any of the cases stipulated in clauses 1, 3 and 4 of pa ragraph (a) of this Article, and shall not include 
any other exporters or countries if they exist. 
 
Acceptance of Price Undertakings
 
 
Article 59: 
 (a)  It shall not be permissible to seek price unde rtakings from exporters if the Minister did not 
issue a preliminary affirmative determination of dumping or subsidizing, injury and a causal link.  (b) It shall not be permissible to accept price unde rtakings if they include price increases higher 
than necessary to eliminate the margin of dumping or higher than the amount of subsidy.  
(c) Price undertakings need not be accepted if th e competent authority considers their acceptance 
impractical if the number of exporters is too great  or for any other reasons.  Should the case arise and 
where practicable the competent authority shall no tify the exporters of its determination and the 
reasons justifying it.  Article 60: 
 
 The competent authority may request any exporte r whose price undertakings were accepted to 
periodically present information pertaining to his im plementation of such undertaking and shall allow 
the competent authority to verify the pertinent data  and subject such information to the confidentiality 
provisions stipulated in this Regulation. 
 
Article 61: 
 
 The price undertaking shall automatically lapse if a final negative determination of dumping, 
subsidizing or the resulting injury is made except in cases where such determination is due in large 
part to the existence of such an undertaking.  The Minister may require the maintenance of the 
undertaking for a reasonable period.  
Article 62: 
 
 In case of violation of any price undertaki ng the Minister may terminate or suspend the 
undertaking and immediately take provisional measure s based on the information available to him. 
 
Article 63: 
 
 The provisions of Articles 73, 74 and 75 of th is Regulation shall be implemented, and the 
necessary adjustments shall be made  to the price undertakings whic h are accepted in accordance with 
the provisions of this Regulation.  G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 27 
 
 
  
Provisional Measures  
 Article 64:  
 
(a) Provisional measures applied in pursuance to th e provisions of the Law may take the form of 
a duty, cash security or bank guarantee for the account  of the Customs Department provided that it 
does not exceed the margin of dumping or amount of subsidy.  
(b) For the purposes of determining the duty referre d to in paragraph (a) of this Article, the 
margin of dumping or amount of subsidy shall be  estimated in accordance  with the information 
available to the competent aut hority at the time of assessment. 
 
Article 65: 
 
(a) The application of provisional measures in the case of dumping shall not exceed four months.  
The period may be extended upon the request by export ers representing a significant percentage of the 
trade with the Kingdom in a specific product provid ed it does not exceed two months.  However, if 
the competent authority finds, during the course of an investigation, that the provisional duty imposed to offset dumping is lower than the margin of dumping, provisional measures may be applied for a 
period that does not exceed six months to be exte nded for a period that does not exceed three months. 
 (b) Provisional measures may be applied in the case of subsidizing for a period that does not 
exceed four months.  Article 66: 
 
 The provision of Article 18 of the Law and Artic les 68, 69 and 70 of this Regulation shall be 
given due allowance when evaluating the amount of duty imposed and collected in the case of 
provisional measures.  Article 67: 
 
 The competent authority shall notify the app licant promptly after provisional measures 
decision is taken and prior to applying it.  It  shall also publish the announcement and notify the 
Organization in accordance with the provisions of this Regulation. 
 
Imposing Anti-Dumping and Countervailing Duties
 
 
Article 68: 
 
(a) The anti-dumping duty or countervailing duty sh all be collected at a non-discriminatory basis 
from all exporters whose exports cause injury, except for imports from sources from which price 
undertakings have been accepted.  (b) The Ministry shall notify the Customs Depart ment of the names of those exporting specific 
products whose dumping or subsidizing has been esta blished so that collection is made from them 
only. 
 (c) Paragraphs (a) and (b) of this Article shall be  applied in accordance with the provisions of the 
World Trade Organization international agreements.  G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 28 
 
 
 Article 69: 
 
(a) If the competent authority has li mited its investigation to a sta tistical sample of exporters or 
producers in accordance with Article 45 of this Regulation then the anti-dumping duty applied to 
imports from any exporter or producer not included in the sample and not investigated on an 
individual basis may not exceed the margin of dumpi ng so that it equals the difference between the 
weighted average of the normal value for all exporte rs and producers who have been investigated and 
the export price of that exporter or producer not included in the sample.  
(b) When calculating the weighted  average in accordance with para graph (a) of this Article, the 
normal values calculated on the basis of informati on available in accordance with the provisions of 
Article 52 of this Regulation shall be disregarded.  (c) If the competent authority has li mited its investigation to a sta tistical sample of exporters or 
producers in accordance with Article 45 of this Regulation then the countervailing duty may not 
exceed the weighted average of the subsidy values ca lculated for all exporters or producers who have 
been investigated.  When calculating the weighted average any subsidizing value which is negative or 
equal to zero or calculated on the basis of informatio n available in accordance with the provisions of 
Article 52 of this Regulation shall be disregarded.  Article 70: 
 
 The Minister shall form a committee compri sed of representatives of the Ministry and 
Customs Department to examine the refund request fo r duties that have been paid in excess of the 
actual margin of dumping or the amount of subsidy by any importer of the product subject to duties 
and supported with verifying evidence.  The committ ee shall issue its recommend ation to the Minister 
as soon as possible within a period that does not exceed  twelve months as of the date of the refund 
request.  
Article 71: 
  If a product is subject to anti-dumping duties or countervailing duties and the product subject 
to duties was exported by new exporters or prod ucers from the exporting country in question who 
have not exported the product to the Kingdom during the period of investigation and were not subject 
to investigation then the competent authority shall carry out a review in an expeditious manner for the 
purposes of determining the individual margin of dumping or countervailing duty for such exporters 
or producers provided that these exporters or producer s can demonstrate that they are not related to 
any exporters or producers being investigated and whose products are subject to anti-dumping duties or countervailing duties.  
Article 72: 
  No anti-dumping duties or countervailing duties sh all be levied on imports from exporters or 
producers referred to in Article 71 of this Regula tion during the review period.  The Ministry may 
however withhold appraisement being carried out in this regard or request guarantees necessary to ensure that duties can be collected retroactively to the date of the initiation of the review should such 
a review result in a determination of dumping or subs idizing in respect of such exporters or producers. 
  G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 29 
 
 
 The Amount and Extent of Anti-Dumping and Countervailing Duties  
 
Article 73: 
  An anti-dumping duty or countervailing duty sh all be in the amount and to the extent 
necessary to offset dumping or subsidizing causing injury.  
Article 74: 
 (a)  The competent authority shall self-review the need for the continuation of imposing anti-
dumping duties or countervailing duties or upon justif ied request of an interested party, after a 
specific period of imposing duties to be set by the competent authority. 
 (b) If the competent authority finds, as a result of  the review, that the continuation of the anti-
dumping duty or countervailing duty is unwarranted the duty shall be terminated immediately by 
following the legal measures for such purpose.  
Article 75: 
 
(a) The validity period of an anti-dumping duty or countervailing duty shall be terminated on a 
date not later than five years from its imposition or from  the date of the most recent review realized in 
accordance with Article 74 of this Regulation if such review included dum ping or subsidizing and 
injury.  (b) Notwithstanding the provisions of paragraph (a ) of this Article, if it becomes evident as a 
result of a review, which was initiated prior to th e date of terminating the period stipulated in 
paragraph (a) of this Article, or based on a request  accompanied with sufficient evidence submitted by 
domestic producers or their representatives, that terminating the imposition of the duty shall result in 
the continuation or reoccurrence of dumping or subs idizing and injury, then the Ministry may decide 
the maintenance of validity of the duty in add ition to its maintenance during the review period 
provided that requests for review are submitted for th e purposes of this Article sixty days prior to the 
date referred to in paragr aph (a) of this Article. 
 
Article 76: 
 
 The provisions pertinent to the measures and prin ciples of investigation stipulated in the law 
and this Regulation shall be applie d to the review provided they are realized in accordance with the 
provisions of Article 74 of this Regulation and th at the review procedure is conducted as quickly as 
possible and concluded within twelve m onths as of the date of its initiation. 
 
Retroactivity
 
 
Article 77:  
 Provisional measures, anti-dumping duties and c ountervailing duties shall only be applied to 
products imported for domestic cons umption after the decision to impo se such duties enters into force 
subject to exceptions stipulated in Articles 78 and 79 of this Regulation. 
 G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 30 
 
 
 Article 78: 
 
 It shall be permissible to impose anti-dumpi ng duties and countervailing duties retroactively 
in the period during which provisional measures we re applied in any of the following exclusive 
situations: 
 (a) Where injury actually occurs and was not a possi bility or in the form of a material retardation 
to the establishment of a domestic injury.  
(b) Where there is a threat of injury and it w as substantiated that non-application of provisional 
measures shall lead to the occurrence of actual injury. 
 
Article 79: 
  For the purposes of applying the provisions of  Article 78 of this Regulation, if the anti-
dumping duty or countervailing duty is higher than the duty paid or payable and imposed during the period of applying the provisional measures or highe r than the amount estimated for the purpose of 
the guarantee or deposit submitted as a security in ac cordance with the provisions of this Regulation, 
the difference shall not be collected.  If the duty is lower than that, the difference shall be refunded or 
the duty recalculated as the case may be.  Article 80: 
 
 Notwithstanding the provisions of Article 78 of this Regulation, where a determination of a 
threat of injury or material retardation of th e establishment of a domestic industry it shall be 
prohibited to impose an anti-dumping or countervailing duty except from the date of the 
determination of a decision in that regard.  An y guarantee submitted during the application period of 
provisional measures shall be refunded and any bonds sh all be released within thirty days as of the 
date of such decision.  
Article 81: 
 
(a) It shall be permissible to impose a definitiv e duty to offset dumping in a retroactive manner 
on certain products imported for domestic  consumption ninety days prior to the date of application of 
provisional measures for a period that does not exceed  the date of initiation of the investigation, 
provided the following conditions are present: 
 
(1) There was a history of dumping which caused injury pertinent to the dumped product 
and the importer was aware, or should have been, that the exporter practices dumping 
and that such dumping may cause injury. 
(2) The injury was caused by massive imports of the dumped product in a relatively short 
time which, in light of the timing and othe r circumstances such as rapid build-up of 
inventories of the imported product, is lik ely to seriously undermine the remedial 
effect of the definitive anti-dumping duty to be applied. 
(b) It shall be permissible to impose anti-dumpi ng duties retroactively on products imported for 
domestic consumption imported prior to a period that does not exceed ninety days as of the application of provisional measures if a violation of  the price undertaking occurs provided that such 
period does not extend to cover the period prior to the date of the occurrence of this violation. 
  G/ADP/N/1/JOR/2 
 G/SCM/N/1/JOR/2 
 Page 31 
 
 
 (c) It shall be permissible to impose a counter vailing duty retroactively on products imported for 
domestic consumption prior to a period that does not exceed ninety days as of the application of provisional measures if there were difficult circumst ances which substantiated the existence of injury 
difficult to remedy as a result of the entry of impor ts of a specific product in massive quantities during 
a relatively short period and to prev ent the reoccurrence of such injury. 
 
Announcements and Notifications
 
 Article 82: 
 
 Procedures set hereunder shall be followed per tinent to public announcements and notices 
which have been stipulated in the law and this Regulation:  (a) The announcements shall be published in two lo cal daily newspapers at the expense of the 
applicant. 
 (b) A copy of the announcement shall be sent to the parties interested in the investigation and 
known to the competent authority and the Organizati on in accordance with the principles so that the 
Organization would in turn notify the interested Member countries.  
(c) The announcements shall refer to the possibilit y of Member countries and interested parties 
acquiring a report upon request setting forth in adequate  detail to the basic material and legal reasons 
supporting the determination.  
Article 83: 
 
 Notwithstanding the provisions pertinent to the protection of confidential information 
stipulated in this Regulation, a public notice annou ncing the initiation of the investigation shall be 
published setting forth the following information:  (a) Name of the country or countries exporting a particular product. 
 
(b) Date of the initiation of the investigation.  (c) Basis stipulated in the applica tion claiming the existence of dumping. 
 
(d) Summary of the factors stipulated in the application, which support the claim of injury. 
 (e) Address to which notices and replies of interested parties should be sent at.  (f) Period during which interested parties may present their views and submit any memorandums or information prior to making a preliminary a nd final determination a nd submitting requests to 
convene public hearings with parti es with contradicting interests.  
 
Article 84: 
 
(a) Notwithstanding the provisions pertinent to  the protection of confidential information 
stipulated in this Regulation, an announcement of  the preliminary and fina l determination, imposition 
of definitive duties and provisional measures or te rminating them, accepting price undertakings or 
terminating them, suspending the investigation or term inating it, determinations  pertinent to applying 
anti-dumping duties retroactively and all determina tions in relation to the review, provided such 
determinations contain the following: G/ADP/N/1/JOR/2 
G/SCM/N/1/JOR/2 Page 32 
 
 
  
(1) Names of importers of dumped product in the Kingdom, and if that becomes 
impossible then names of specific importing countries. 
(2) Complete description of the product a llegedly dumped for customs purposes. 
(3) Specified margin of dumping with a detailed explanation of the reasons justifying the 
approved method of calculation for specify ing and comparing the export price and 
normal value. 
(4) Considerations pertinent to the determination of the existence of injury as set forth in 
the provisions of this Regulation. 
(5) Issues of fact and law on which were based  the determinations and reasons which 
lead to the acceptance or rejection of the arguments of exporters or producers. 
(b) The determinations stipulated in paragraph (a) of this Article shall come into force as of the 
date of publishing the notices concerning them.  
Fees
 
 
Article 85: 
 
(a) The Ministry shall collect the following fees from applicants: 
 
(1) 250 Dinars for the submitting an application to realize measures pertinent to dumping 
and subsidizing. 
(2) 750 Dinars upon the initiation of the investigation. 
(b) The provisions of paragraph (a) of this Article shall not be applied if the application and 
investigation are related to an agricultural product. 
 
Article 86: 
 
 The Minister may issue the instructions necess ary for the implementation of the provisions of 
this Regulation and publish same in the Official Gazette.  
__________