WORLD TRADE  
ORGANIZATION  G/ADP/Q1/JOR/2 
G/SCM/Q1/JOR/2 5 April 2004 
 
(04-1520) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATIONS OF LAWS AND REGULATIONS UNDER ARTICLE 18.5 
AND ARTICLE 32.6 OF THE AGREEMENTS 
 
Questions Posed by the UNITED STATES  
Regarding the Notification of JORDAN1 
   The following communication, dated 1 April 2004, is being circulated at the request of the Delegation of the United States. 
 
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 1. Article 12 of the Anti-Dumping and Subsidi es Regulation No. 26 of 2003 ("the Regulation") 
specifies that "[t]he Minister shall issue instructi ons 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".  When w ill Jordan issue these instructions?   
 2. Article 17(c) of the Regulation specifies, "Dum ping is considered to exist if the calculated 
margin of dumping is less than 2 per cent (2%)".  Pl ease explain how this statement is consistent with 
the Anti-Dumping Agreement ("AD Agreement") Article  5.8, which specifies that margins of less 
than 2 per cent shall be considered de minimis .  
 3. Article 43 of the Regulation specifies "The  competent authority shall decide upon the 
initiation of the investigation to endorse appropr iate periods of time called the periods of 
investigation…".  What period of time will Jordan t ypically consider the period of investigation in its 
antidumping and countervailing duty proceedings? 
 4. Article 48(a) of the Regulation specifies that interested parties may examine any non-confidential information or data found in the investigation file.  W ill the investigation file include 
non-confidential versions of all doc uments generated during the course of the investigation, including, 
but not limited to:  the application by the domestic  industry, all correspondence and submissions by 
the domestic industry and responding parties and the supporting facts used by the administering 
authorities to reach decisions in the proceeding?  How will such material be made available to 
interested parties and what procedures will inter ested parties need to follow to obtain access to the 
documents? 
 
5. Article 82 of the Regulation suggests that the onl y public distribution of determinations by the 
administering authority will be in local newspapers .  Will the administering authority also publish its 
determinations in investigations in the Official Gazette?    
                                                     
 
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 6. Article 85 of the Regulation indicates that fees  will be collected from applicants under certain 
specified conditions.  Does Jordan intend to levy any fees on respondent  parties in its investigations? 
 7. Does Jordan provide in its legislation for notification of the government of the exporting 
Member upon acceptance of an application as require d by AD Agreement Article 5.5?  If not, how 
will it implement this requirement?  8. Article 23 of the National Production Protecti on Law No. 50 of 2002 ("the Law") states that 
the AD Agreement and the Agreement on Subs idies and Countervailing Measures ("SCM 
Agreement"), "shall be given due allowance when applying this Law and the regulations issued in 
pursuance".   (a) What does it mean that Jordan will gi ve the AD Agreement and the SCM Agreement 
"due allowance?"  Does Article 23 serve to give these agreements the force of law in 
Jordan? 
  (b) If there is a conflict between the AD Agreement or SCM Agreement, on the one 
hand, and the Law or the Regulation, on the other, which one will control under 
Jordanian law? 
 
9. Article 2 of the Regulation defines the term  "interested party" to encompass "[p]roducer, 
exporter, and importer of imported product. . .".  Is th is intended to be applied in the disjunctive – in 
other words, does an entity qualif y as an "interested party" for purposes of the Regulation if it is a 
producer, exporter, or importer of the imported merchandise unde r investigation, as contemplated by 
Article 6.11 of the AD Agreement and Article 12.9 of the SCM Agreement? 
 
10. Does the word "imports" in Article 29(a)(1) of  the Regulation refer to dumped or subsidized 
imports?  If not, how does Jordan implement the prov isions of Article 3.7(i) of the AD Agreement and 
Article 15.7(ii) of the SCM Agreement?  11. Article 29(a)(4) of the Regulation states that, in a threat of material inju ry analysis, the Jordan 
authority will examine whether the dumped or s ubsidized imports are unde rselling the domestic like 
product, indicating a likelihood of increased demand for such imports.  How is this provision, which 
does not reference price depression or suppression, consistent with Article 3.7(iii) of the AD 
Agreement and Article 15.7(iv) of the SCM Agreemen t, which indicate that, in threat analysis, the 
authority should examine whether the imports ar e entering at prices that will have a significant 
price-depressing or -suppressing effect on domestic prices? 
 12. Does Jordanian law permit regional industry an alysis pursuant to Article 4.1(ii) of the AD 
Agreement and Article 16.2 of the SCM Agreement?  13. Does Jordan permit disclosure of confidentia l information under protective order pursuant to 
Article 6.5 of the AD Agreement and Article 12.4 of the SCM Agreement? 
 14. How does Jordan implement the requirement s of Article 6.9 of the AD Agreement and 
Article 12.8 of the SCM Agreement that, before ma king a final determination, the authorities shall 
inform all interested parties of the essential facts under consideration in sufficient time for the parties 
to defend their interests? 
 15. Article 29 of the Regulation, which concerns threat of material injury analysis, does not 
contain a provision requiring the authority to examin e in countervailing duty investigations the nature  G/ADP/Q1/JOR/2 
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 and effect of the subsidy or subsidies in questio n.  In light of this, how does Jordan implement 
Article 15.7(i) of the SCM Agreement?  16. Article 25 of the Regulation specifies that for certain types of subsidies, countervailing 
measures may not be imposed.  With the expiratio n of the provisions under Article 8 of the SCM 
Agreement, will Jordan continue to impl ement the provisions of Article 25?   
 17.  Article 24 of the Law requires consultations  with exporting governments before imposing any 
measures.  In the case of a countervailing duty pro ceeding, under Article 13.1 of the SCM Agreement, 
Members are obligated to invite Members the products  of which may be subject to investigation for 
consultations prior to initiating  an  investigation.  Is this specifi c obligation covered in the National 
Production Protection Law?  If so, how?   
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