WORLD TRADE  
ORGANIZATION  G/ADP/Q1/JOR/3 
G/SCM/Q1/JOR/3 27 April 2004 
 
 
(04-1873) 
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 
 
Replies from JORDAN to Questions
 
Posed by the EUROPEAN COMMUNITY1 
and the UNITED STATES2 
   The following communication, dated 22 April 2004,  is being circulated at the request of the 
Delegations of the European Communities and the United States. 
 
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 Replies to the European Communities
 
 
A.  National Production Protection Law No.50 of 2002 
 Q1. Article 5 (b) :EC notes that in accordance with this provision 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 ‘‘ministries supervising a production sector and 
others , may submit such application. Normally, app lications 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. Does Jordan cons ider 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?  
 
Reply  
  Article 23 of the Law provides that the Anti- Dumping Agreement : “ …..shall be given due 
allowance when applying this law…”. Accordingly,  Jordan does consider the existence of special 
circumstances in self-initiating anti-dumping investig ations. Self initiation, according to Article 7 of 
the law, should be processed accord ing to issuance of  a decision by the minister which shall take in 
account the existence of special circumstances.  Q2.  Article 6(b) provides that the initiati on of the investigation shall be announced 
immediately following the determination of the initiation. Does Jordan notify the government of the exporting country before initiation of the re ceipt of an application, in accordance with 
Art .5.5 ADA?    
                                                     
 
1 G/ADP/Q1/JOR/1-G/SCM/Q1/JOR/1 
2 G/ADP/Q1/JOR/2-G/SCM/Q1/JOR/2 G/ADP/Q1/JOR/3 
G/SCM/Q1/JOR/3 Page 2 
 
 
 Reply 
 
  Yes, Jordan is committed to notify the gove rnment of the exporting country upon acceptance 
of the application by the competent authority.   Q3. Article 8(a) (and Article 43 of regulation No .26) :When determining the period of investigation ,will the investigating authorities follow the guidance provided by the Recommendation concerning the periods of  data collection for AD investigations  G/ADP /6 of 
16.5.2000  ?.  
 
Reply
 
   Yes, the Jordanian investigating authority  will follow the guidance of the Recommendation 
posed in WTO document G/ADP/6, provided such gui dance should not preclude the authority from 
taking account of the particular circumstances of a given investigation in setting the periods of data 
collection for both dumping and injury, to ensu re that they are appropriate in each case. 
 
Q4.  Article 9(b): Does this provision apply on ly to domestic producers or also to e.g. 
importers? Is there a duty to cooperate a nd to submit the information requested? 
 
Reply
 
  This provision applies to all related parti es including the importers, domestic producers, and 
other parties mentioned in the law, and all parties ar e obliged to submit the required information.  No 
duty is to be imposed on parties to submit the requested information.  
 
Q5.  Article 11(a) (2): could Jordan please clarify how the “conflict with personal interest” is 
to be interpreted ? 
 Reply
 
 
 A material error affected the translation of  Article 11(a) (2), as the word “public” was 
replaced by “personal”.  Therefore, paragraph (2 ) should read:  “ if the submitted application was 
withdrawn and such proce dure did not conflict with PUBLIC interest.”.  A corrigendum letter will be 
sent to the Committee shortly to correct such error. 
 B.  Anti –Dumping and Subsidies Regulation No. 26 of 2003  Q1.  Article 9(b) defines when sales of the like product are 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? 
 Reply
 
  Profits factor was mistakenly added to factors of costs of production plus administrative, selling and general costs when determining that sales of the like product are not in the ordinary course 
of trade.  We are currently in the legal process of  correcting such mistake,  and the Committee will be 
notified of the correction in due time. 
 
Q2. Article 12 and 41 refer to instructions that may be issued by the Minister.  Have such 
instructions already been issued ?   G/ADP/Q1/JOR/3 
 G/SCM/Q1/JOR/3 
 Page 3 
 
 
 Reply  
  The Instructions mentioned in Articles 12 and 41  have not been  issued yet.  Jordan will 
notify the Committee on such instructions upon its issuance. 
 
Q3.  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?    
 
 
Reply  
   All guidelines provided  in Article 29 (4 ) of th e Regulation in addition to Article 3.7 (iii) of 
the AD Agreement, for examining threat of material  injury, are actually not exhaustive as indicated in 
the beginning of these Articles.  However, Article 29(  4) of the law is meant to reflect the basic price 
rule of examining price undercutting which leads to  consider the examination of price suppression and 
price depression impact as provided in Article 3.7 (iii) of the AD Agreement to which the Jordanian 
investigating authority is committed to apply.   
 
Q4.   Article 48 (c): could Jordan please clarify whether such meetings are convened by the 
investigating authority or by the parties?  
Reply
 
  Meetings described in Article 48 ( c ) are convened by the investigating authority.  
 
Q5.  Does the investigating authority pr ovide disclosure, before making a final 
determination, in accordance with Article 6.9 ADA ?  
Reply
 
 
 The Jordanian investigating authority do es provide disclosure before making a final 
determination as provided by Article 6.9 ADA.  
Q6.  Has Jordan adopted provisions regarding the use of sampling in AD investigations?  
 Reply
 
  There is no current instructions issued on the use of sampling.  However, appropriate use of 
samples will be based on the circum stances of each case and on the basis of relative ADA criteria.  
 Q7. Article 59 (c): Could Jordan clarify whether the exporters concerned have an opportunity to make comments on the non-acceptance of an undertaking , in accordance with 
Article 8.3 ADA ? . 
 Reply
 
 
 Exporters will be given the opportunity to  make comments on the non-acceptance of an 
undertaking in accordance with Article 8.3 ADA.  
Q8.  Could Jordan please confirm that the provisions of Article 8.5 ADA are applied ? 
 G/ADP/Q1/JOR/3 
G/SCM/Q1/JOR/3 Page 4 
 
 
 Reply
 
  Although the regulation does not explicitly men tion that the competent authority can suggest 
price undertakings, no exporter shall be forced to  enter into such undertakings as provided in 
Article 8.5 of ADA.  
 
Q9. Article70: Could Jordan please clarify whet her authorized refunds  are normally made 
within 90 days of the decision, in accordance with Article 9.3.2 ADA?  
Reply
 
 
 Taking into account article 23 of the Law, the authorized refund will be made within 90 days 
of the decision in accordance with the Article 9.3.2 ADA.  
 
Q10. Article 74 (a): Could Jordan please clarify the duration of the “specific period” to be set 
by the competent authority ?  Is this a fixed period  applying to all cases or is it determined on a 
case- by – case basis?  
Reply
 
 
 Notwithstanding disciplines posed in Articles 11 ADA and 21 SCM,  the duration of “specific 
period  “ is not a fixed period and will be determined on a case-by-case basis 
 
Q11.  Article 81(a) (2): does the investigating authority give importers an opportunity to 
comment before making such finding , in accordance with article 10.8  (ii) ADA ? 
 Reply
 
  Yes, the Jordanian investigating authority will give the importers the opportunity  to comment 
before making such findings.  G/ADP/Q1/JOR/3 
 G/SCM/Q1/JOR/3 
 Page 5 
 
 
 Replies to the United States  
 
Q1.  Article 12 of the Anti-Dumping and Subsidies Regulation No. 26 of 2003 ("the 
Regulation") specifies that "the Minister shall issue instructions determining the methods and 
directives used to calculate the costs and  profit s in accordance with the provisions of the Anti- 
Dumping Agreement of the World Trade Organization."  When will Jordan issue these instructions? 
 
Reply
 
 
 The instructions shall be issued in a short period of time and prior to initiating the earliest 
Anti-Dumping investigation.  The instructions will be notified to the committee upon issuance . 
 
Q2.  Article 17 (c) of the Regulation specifi es, "Dumping is considered to exist if the 
calculated margin of dumping is less than 2 pe r cent (2%)."  Please explain how this statement 
is consistent with the Anti–Dumping Agreement  ("AD Agreement") Article 5.8 , with specifies 
that margins of less than 2% shall be considered de minimis.  
 
Reply  
 
 A material error affected the translation of paragraph (c) of the Regulation as the word “ not “ 
has been wrongfully omitted from  paragraph (c ) of the same Article and therefore the paragraph 
should read “Dumping is considered NOT  to exist if  the calculated margin of dumping is less than 
2 per cent (2%)".   Q3.  Article 43 of the Regulation specifies "the competent authority shall decide upon the initiation of the investigation to endorse appr opriate periods of time called the periods of 
investigation …" what period of time will Jorda n typically consider the period of investigation 
in its Anti-dumping and Countervailing duty proceedings ? 
 
Reply
 
 
 Notwithstanding recommendation posed in WTO document G/ADP/6, Jordanian investigation authority shall take into account the pa rticular circumstances of any given investigation 
in setting the periods of data collection for both du mping and subsidizing  to ensure that they are 
appropriate in each case . 
 
Q4.  Article 48 (a) of the Regulation specifies that interested parties may examine any non–
confidential information or data found in the in vestigation file.  Will the investigation file 
include non-confidential versions of all documents generated during the course of the investigation, including, but not limited to : the application by the domestic industry , all correspondence and submissions by the domest ic industry and responding parties and the 
supporting facts used by the administering author ities to reach decisions in the proceeding?  
How will such material be made available to  interested parties and what procedures will 
interested parties need to follow to  obtain access to the documents? 
 
Reply
 
 
 Jordan confirms that any non-confidential info rmation described in Article 48 (a) of the 
Regulation including versions of all documents gene rated during the course of the investigation such 
as the application by the domestic industry, a ll correspondence and submission by the domestic 
industry and responding parties and the supporting fact s used in by the investigation authority in G/ADP/Q1/JOR/3 
G/SCM/Q1/JOR/3 Page 6 
 
 
 reaching its decisions.  Copies of all non-confidential documents shall be available in the public file 
existing in authority's offices.  
Q5.  Article 82 of the Regulations suggests that the only public distribution of determinations 
by the administering authority will be in local newspapers.  Will the administering authority 
also publish its determination in investigation in the Official Gazette  
 
Reply
 
 
 Yes, all determinations will be  published in the Official Gazette despite the lag encountered in 
Jordan in publishing the same.  
Q6.  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 
investigation?  
Reply
 
  Jordan does not intend ,in the meantime , to levy any fees on respondent parties throughout the conduct of its investigations. 
 
Q7.  Does Jordan provide in its legislation for no tification of the government of the exporting 
member upon acceptance of an application as re quired by AD Agreement Article 5.5? If not, 
how will it implement this requirement? 
 Reply
 
  Since the legislations was meant to reflect th e  basic rules of AD Agreement and taking into 
consideration that, according to the Jordanian le gal system, the Agreement controls the Law and 
Regulation, Jordan is therefore committed to no tify any interested WTO member, as provided by 
Article 5.5 of the AD Agreement , upon acceptance of th e application by the investigating authority. 
 
Q8.  Article 23 of the National Production Protection Law No .50 of 2002 ("the Law ") states 
that the AD Agreement and the Agreement on subsidies and Countervailing Measures ("SCM") 
Agreement," shall be given due allowance when ap plying 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 Law or the Regulation on the other, which one will control under Jordanian Law?    
 
Reply
 
 (a) According to the Jordanian legal system, th e WTO  Agreements has the upper legal force 
over the internal Laws ,however, Article 23 of the Law was legislated to further emphasize 
that application and interpretation of all rul es in the law should be compliant with the AD 
Agreement. 
 (b) The AD Agreement will control the Jordanian Law and Regulation should any conflict arise.   G/ADP/Q1/JOR/3 
 G/SCM/Q1/JOR/3 
 Page 7 
 
 
  
Q9.  Article 2 of the Regulation defines the term " interested party "to encompass 
"producer, exporter, and importer, of imported pr oduct".  Is this intended to be applied in the 
disjunctive –in other words , does an entity qualify as an "interested party" for purpose of the 
Regulations if it is a producer, exporter, or  importer, of the imported merchandise under 
investigation, as contemplated by Article 6.11 of the AD Agreement and  Article 12.9 of the SCM Agreement ? 
 
Reply
 
 
 Yes, an entity qualifies to be an interest ed parties for purpose of the Regulation as 
contemplated by Article 6.11 of ADA and Article 12.9 SCM Agreement. 
 
Q10.  Does the word "imports" in Article 29(a)  (1) of the Regulation refer to dumped or 
subsidized imports? if not, how does Jordan impl ement the provisions of  Article 3.7(i) of the 
AD Agreement and Article 15.7 (ii) of the SCM. Agreement? 
 
Reply  
  The word “imports” in Article 29(a) (1) of the Regulation refers to both dumped and 
subsidized imports. 
 
Q11.  Article 29(a)(4) of the Regulation states that , in a threat of material injury analysis, the 
Jordanian authority will examine whether the dumped or subsidized imports are underselling 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 Ar ticle 15.7 (iv) of the SCM Agreement, which 
indicate that, in threat analysis , the authority should examine  whether the imports are entering 
at prices that will have a significant price-depressi ng or- suppressing effect on domestic prices ?   
 
Reply
 
 
 All guidelines provided  in Article 29 (4 ) of th e Regulation in addition to Articles 3.7 (iii) of 
the AD Agreement and 15.7 (iv) of the SCM Agreement,  for examining threat of material injury, are 
actually not exhaustive as indicated in the beginning of  these Articles.  However, Article 29( 4) of the 
law is meant to reflect the basic price rule of ex amining  price undercutting which leads to consider 
the examination of price suppression and price depression impact as provided  in Articles 3.7 (iii) of 
the AD Agreement and 15.7 (iv) of the SCM Agreem ent.  Such Articles, to which the Jordanian 
investigating authority is committed to apply.   
 
Q12.  Does Jordanian Law permit regional industry analysis pursuant to Article 4.1 (ii) of the AD Agreement and Article 16.2 of the SCM Agreement. 
 
Reply
 
 
 Yes, the Jordanian Law does not preclude from making regional industry analysis in 
accordance with Articles 4.1 (ii) of the AD Agreement and 16.2 of the SCM Agreement. 
 
Q13.  Does  Jordan permit disclosure of confidential information under protective order 
pursuant to Article 6.5 of the AD Agreement and Article 12.4 of the SCM Agreement ? 
 G/ADP/Q1/JOR/3 
G/SCM/Q1/JOR/3 Page 8 
 
 
 Reply
 
  The Jordanian investigating authority permits  disclosure of any confidential information 
provided in the context of investigated process upon  acceptance of its owner.  Protective orders does 
not exist in the Jordanian legal system. 
 
Q14.  How does Jordan implement the requiremen ts of Article 6.9 of the AD Agreement and 
Article  12.8 of the SCM Agreement that, before making 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?  
Reply
 
  Jordan is committed to applying the disciplines of Article 6.9 of the ADA and Article 12.8 of 
the SCM Agreement. 
 
Q15.  Article 29 of the Regulation, which concern s threat of material injury analysis, does not 
contain a provision requiring the authority to examine in countervailing duty investigations the nature and effect of the subsidy or subsidies in question.  In light of this, how does Jordan implement Article 15.7 (i) of the SCM Agreement? 
 
Reply
 
  The investigating authority is committed to  making the necessary economic examination on 
the effect of the subsidy in the investigations as provided by Article 15.7 SCM  
 
Q16.  Article 25 of the Regulation specifies th at for certain types of subsidies, countervailing 
measures may not be imposed.  With the expiration of the provisions under Article 8 of the SCM Agreement, will Jordan continue to implement the provisions of Article 25 ? 
 
Reply
 
 
 Jordan will not continue to implement the provisions of non-actionable subsidies as they 
expire.    
Q.17  Article 24 of the Law requires consultation s with exporting government before imposing 
any measures.  In the case of a countervailing duty proceeding, 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 specific obligation 
covered in the National Production Protection Law?  If so, how?  
 
Reply
 
 
 Taking into account Article 23 of the law, and bearing in mind that the Law was meant to reflect the basic rules of the related WTO Agreem ents, the Jordanian investigating authority is 
committed to invite interested members for consulta tions prior to initiating an investigation, pursuant 
to Article 13.1 of SCM Agreement. 
 
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