./.WORLD TRADE
ORGANIZATIONG/SG/Q2/JOR/5
3 October 2003
(03-5195)
Committee on Safeguards Original:  English
NOTIFICATION UNDER ARTICLE 12.1(A) OF THE AGREEMENT ON
SAFEGUARDS ON INITIATION OF AN INVESTIGATION
AND THE REASONS FOR IT
NOTIFICATION UNDER ARTICLE 12.4 OF THE AGREEMENT ON
SAFEGUARDS BEFORE TAKING A PROVISIONAL SAFEGUARD
MEASURE REFERRED TO IN ARTICLE 6
NOTIFICATION UNDER ARTICLE 12.1(B) OF THE AGREEMENT ON
SAFEGUARDS ON FINDING A SERIOUS INJURY OR THREAT
THEREOF CAUSED BY INCREASED IMPORTS
NOTIFICATION PURSUANT TO ARTICLE 12.1(C)
OF THE AGREEMENT ON SAFEGUARDS
Replies to Questions Posed by MEXICO1
Concerning the Notifications of JORDAN2
The following communication, dated 1 October, has been received from the Permanent
Mission of Jordan
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Mexico would like to ask the Government of  Jordan the following questions relating to
the application of the measures listed hereunder:
- Definitive measures on certain sanitary ware products in all of their forms and
specifications (sink with stands, washbasin pedestals, flushing cisterns, urinal
and similar sanitary fixtures made out of porcelain)3;
- definitive measures on pasta4;
- definitive measures on magnetic tapes5.
Q1. Would the Government of Jordan please te ll us how it complied with Article 9.1 of the
Agreement on Safeguards.
                                                     
1 G/SG/Q2/JOR/4
2 G/SG/N/8/JOR/4, G/SG/N/10/JOR/4 and Corr.1, G/SG/N/8/JOR/3 and Corr.1, G/SG/N/10/JOR/3 and
Corrs.1 and 2, G/SG/N/6/JOR/2, G/SG/N/7/JOR/1 and G/SG/N/10/JOR/2.
3 G/SG/N/8/JOR/4, G/SG/N/10/JOR/4 and Corr.1.
4 G/SG/N/8/JOR/3 and Corr.1, G/SG/N/10/JOR/3 and Corrs.1 and 2.
5 G/SG/N/6/JOR/2, G/SG/N/7/JOR/1 and G/SG/N/10/JOR/2.G/SG/Q2/JOR/5
Page 2
Reply
Article 2(2) of the Agreement on Safeguards provides that "Safeguard measures shall be
applied to a product being imported irrespective of its source".
Additionally, Article 9.1 of the Safeguards Agreement states that:  "Safeguard measures shall
not be applied against a product originating in a developing country Member as long as its share of
imports of the product concerned in the importing Member does not exceed 3 per cent, provided that
developing country Members with less than 3 per cent import share collectively account for not more
than 9 per cent of total imports of the product concerned".
Disciplines of these two articles were adopted by the Jordanian competent authority in
determining the extent of application of the safeguard measures in all the three cases, i.e. pasta,
sanitary wares and magnetic tapes.
In implementing Article 9.1 of the Agreement,  the Jordanian competent authority concluded
that import shares of developing countries had, by far, exceeded the 9 per cent discipline.  In the pasta
case, shares of  Member developing countries were 61 per cent of total imports, where shares of
developing countries in sanitary wares case accounted for 68 per cent of total subject imports.  As for
the pasta case, shares of developing countries accounted for 91 per cent of total subject imports.
Accordingly, Jordan has not excluded any developing or least-developed countries from the
application of the measures.
Q2. What criteria did Jordan use to determine which countries were to be exempted from
application of the measure?
Reply
Jordan used the criteria provided by the conjunct reading of Articles 2.2 and 9.1 of the
Agreement on Safeguards.
Q3. Would Jordan please explain why Mexico was not exempted from application of the
definitive safeguard measure, given that it made no exports to Jordan.
Reply
Jordan has not excluded any developing country Member including Mexico from the
application of the measures as illustrated in the answer to question 1.
Q4. We would like to know when Jordan will notify to the WTO the list of countries
exempted from the definitive measure, in order to comply with Footnote 2 to Article 9 of the
Agreement on Safeguards.
Reply
Jordan shall not notify to the WTO a list of countries exempted from the definitive safeguards
measures as there were no countries exempted from the measures.
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