WORLD TRADE  
ORGANIZATION  G/ADP/N/1/JOR/3 
G/SCM/N/1/JOR/3 
G/SG/N/1/JOR/3 
13 January 2005 
 (05-0148) 
Committee on Anti-Dumping Practices Committee on Subsidies and Countervailing Measures Committee on Safeguards Original:   English 
 
  
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
 
JORDAN 
 
  The following communication, dated 7 January 2005 , is being circulated at the request of the 
Delegation of Jordan. 
 
_______________ 
 
 The Permanent Mission of the Hashemite Kingdom of Jordan presents its compliment to the World Trade Organization / Committee on Subsidies and Countervailing Measures, Committee on Anti-Dumping Practices and Committee on Safeguard s and has the honour to forward the enclosed 
Notification under Article 32.6 of Subsidies and Co untervailing Measures Agreement, Article 18.5 of 
Anti-Dumping Practices Agreement and Article 12.6 of Safeguards Agreement concerning the 
translated copy of the Jordanian National Produc tion Protection Law No. (21) for the year 2004 
published in the Official Gazette No. (4662) dated 1 June 2004 which replaces the Temporary 
National Production Protection Law No. (50) for the year  2002, with the request to have it circulated 
to the member states. G/ADP/N/1/JOR/3 
G/SCM/N/1/JOR/3 G/SG/N/1/JOR/3 
Page 2 
  
National Production Protection 
Law 
 
No. (21) for the year 2004 
Article (1): 
 
This Law shall be cited as the “National Production Protection Law for the year 2004” 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 u sed 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. The Directorate: National Production Protection Directorate. 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. 
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. 
Injury:   The Serious or Material injury or both together. 
Serious injury: Injury that has a significant negative overa ll impairment on the domestic 
producers or the threat thereof as a result of the increase in imports. 
Material injury: Material Injury on domestic producers or threat thereof in conditions of 
Dumping and Subsidizing, or Material injury which retards the establishment 
of a domestic industry. 
 
Article (3): 
 
a) The provisions of this law shall apply to in dustrial and agricultural products imported to the 
Kingdom from member countries. 
 
b) The Council of Ministers may apply any of the 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 deems ne cessary for the protection of national production, 
including the imposition of duties to the ex tent necessary to achieve this purpose. 
  G/ADP/N/1/JOR/3 
 G/SCM/N/1/JOR/3 
 G/SG/N/1/JOR/3 
 Page 3 
  
Measures
 
 
Article (4): 
 a) Pursuant to the provisions of this law, measures to be applied against Injurious Practices shall be in 
the following manner:  
1. Application of safeguard measures against in crease of imports into the Kingdom, whether 
such increase was absolute in comparison with  previous years, or relative to domestic 
production. 
2. Imposition of anti-dumping duties if the export pr ice 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 investigation perfo rmed by the Directorate in accordance with the 
provisions of this law that injurious practices exis t and have caused injury to domestic producers. 
 
Application
 
 
Article (5):  
a) Domestic producers or representatives thereof may submit a written application to the Minister to 
counter injurious practices, provided that such app lication 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 Directorate shall examine the application to ascertain that it satisfies the conditions and 
requirements stipulated in this law and the regula tions 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 
fourteen days from date of satisfying such conditio ns and requirements and he may extend same to a 
similar period upon justified reasons noting the ag ricultural seasons and what they necessitate as of 
provisional measures.  d) The examination of the application pertinent to  a specific product, or the relevant investigation 
procedures, may not hinder its customs clearance procedures. 
 
Article (6): 
 
a) The Minister shall issue, upon recommendation by  the Directorate, a decision to initiate the 
investigation, if the fo llowing conditions are present: 
 
1. Support of the domestic producers to the a pplication submitted for the imposition of 
measures. 
2. Presence of sufficient evidence on injurious prac tices, injury and a causal link between both. 
3. Import volume of the product, in conditions of dum ping and subsidizing, is not less than the 
limit set in pursuance to the regulations issued  pursuant to the provisions of this law. G/ADP/N/1/JOR/3 
G/SCM/N/1/JOR/3 G/SG/N/1/JOR/3 
Page 4 
   b) The Directorate 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 Directorate may self-initiate an investigation if it becomes 
aware of sufficient evidence on th e existence of injurious practi ces and injury resulting thereof. 
 
The investigation
 
 
Article (8): 
 a) The Directorate shall carry out an investigati on 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 ap plication. The information pertaining to injurious 
practices and injury during such period shall be asse mbled and the accuracy of such information shall 
be verified and analyzed provided that such pe riod is adopted in accordance with basis set in 
pursuance to the regulations issued for this purpose. 
 
b) The Directorate shall give interested 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 thei r statements and to di scuss such evidence and 
information. The Directorate shall enable such parties to examine any information or evidence 
pertinent to the investigation, should such information be non-confidential. 
 
Article (9): 
 
a) The Directorate shall examine and verify the accuracy of the information submitted to determine 
the existence of injurious practi ces, injury and causal link. It ma y also request any information 
pertinent to the investigation from 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 public or priv ate 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 recommendation by the Dire ctorate, determine the suspension or termination 
of the investigation in conditions of dumping or subsidizing at any time without imposing anti-
dumping duties or countervailing 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 thereof. The Minister may decide 
the continuance of the investigation in spite of accepting such an undertaking. 
  G/ADP/N/1/JOR/3 
 G/SCM/N/1/JOR/3 
 G/SG/N/1/JOR/3 
 Page 5 
  
Article (11): 
 
a) The Minister shall terminate the investigation,  upon recommendation by the Directorate, without 
imposing the Measures in any of the following circumstances: 
 
1. If the submitted evidence pertaining to the existe nce of Injurious Practices or resulting injury 
is insufficient. 
2. If the submitted application was withdrawn and such procedure did not conflict with public 
interest. 
3. If the recommendation of the Directorate confirms the absence of Injurious Practices or 
injury. 
 b) The Minister shall decide, upon recommendation by the Directorate, to terminate the investigation 
in regard of a product of a specific exporter or  a certain country, in conditions of dumping and 
subsidizing, without imposing any measures;  if th e margin of dumping, the amount of subsidies or 
the volume of imports of this product is less than th e limit set in the regulations issued by this law. 
 c) If the investigation is terminated in accordance wi th the provisions of paragraphs (a) or (b) of this 
article, the Minister shall issue the n ecessary decisions regarding the following: 
 
1. Termination of the imposed provisional measu res and issue a decision to refund any paid 
duties or submitted guarantees. 
2. Cancellation of any undertakings accepted in accord ance with the provisions of article (10) of 
this law. 
 
Article (12): 
 
If the initiation of an investigation is decided, the Directorate 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 decision 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 permissible, upon decision of the Minister, to extend such period in 
special cases provided that the entire period does not exceed eighteen months.  
Provisional Measures
 
 
Article (13): 
 a) The Minister may decide, upon recommendation by the Directorate, to impose provisional 
measures, if the Directorate reaches a preliminar y determination on the existence of injurious 
practices and resulting injury, and if it was demonstr ated 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 application shall be set in 
accordance with the regulations  issued by this law. 
 G/ADP/N/1/JOR/3 
G/SCM/N/1/JOR/3 G/SG/N/1/JOR/3 
Page 6 
  
Article (14): 
 
a) If a decision to impose final measures is issu ed, provisional measures shall be terminated. The 
submitted guarantees shall be refunded and the coll ected 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 the im plementation 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 suspend the applicati on of provisional measures shall it become evident 
to the Council that such application would negativel y affect other domestic producers, consumers, or 
the public interest.  
Final Measures
 
 
Article (16): 
 
Upon the completion of the investigation, the Dire ctorate shall submit a justified recommendation to 
the Minister, based on objective evidence and accomp anied with a comprehensive report illustrating 
the results achieved on the existence of inju rious practices, injury and the causal link. 
 
Article (17): 
 
a) 1. If the recommendation submitted to the Mini ster confirms the existence of injurious 
practices, injury and causal link the Minister sha ll determine the imposition of final measures against 
such injurious practices provided his decision contains  the type of such measures, their magnitude and 
scope of application. Such decision shall be submitte d within 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. The decision 
of the Council of Ministers shall be final and s ubject to appeal to the High Court of Justice. 
 
b) If the Council of Ministers approves the decision to impose final measures , their application shall 
commence as of the date set by the Council.  
Article (18): 
 
a) When imposing the final measures due allowance shall be given that the measures are applied to 
the extent necessary to prevent or  remedy injury in a manner which 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 dumping represente d in the difference between the normal value and 
the export price, or the amount of s ubsidy determined by the investiga tion. It shall be permissible to 
determine such duties in amounts lower than the margin of dumping or the amount of subsidy if such 
duties are adequate to remedy the injury, provided th at any duty collected is refunded if it exceeds the  G/ADP/N/1/JOR/3 
 G/SCM/N/1/JOR/3 
 G/SG/N/1/JOR/3 
 Page 7 
  margin of dumping or the amount of actual subs idy 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 where it c onstitute dumping and subs idizing simultaneously. 
 
Article (19): 
 
Safeguard measures shall be applie d to all imports of the product irrespective of their source. Anti-
dumping duties and countervailing duties shall be im posed on all imported products introduced for 
domestic consumption from sources established to  practice dumping or receive subsidies. 
 
Article (20): 
 
If the imposition of measures is rejected in pursuan ce 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 app lication before one-hundred and eighty 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 recommendation by the Directorate, to impose the following 
safeguard measures 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 tari ff applied thereon, or to cancel the tariff 
applied on an imported product used in the pr oduction 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 Agreemen t on Safeguards issued by the Organization. 
 
b) The basis and conditions necessary for exclud ing 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 confiden tial information which the Ministry, the Directorate 
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 regulations 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 paragraph (a ) of this Article shall be penalized with a fine 
not less than one-thousand Dinars and not more than three-thousand Dinars. 
 G/ADP/N/1/JOR/3 
G/SCM/N/1/JOR/3 G/SG/N/1/JOR/3 
Page 8 
  
Article (23): 
 
The Safeguards Agreement, the Anti-Dumping Ag reement, and the Subsidies and Countervailing 
Measures Agreement and international applications in this scope applied by the Organization, shall be 
given due allowance when applying this law 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 the Mi nistry under the supervision of an official in the 
Directorate 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 Directorate and the duties for examin ing such registers shall be set in pursuance to a 
regulation issued for this purpose.  Article (26):  
The Council of Ministers shall issue the necessary regul ations to implement the provisions of this law 
including the safeguard measures Regulation an d 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 increa se in imports, injury, the causal link, and issues 
supporting the Directorate and relate d to the substantiation of same. 
 
c) The manner of applying the Measures, the maxi mum limit for their durations, conditions of their 
renewal, revision, termination, gradually libera lizing same, evaluating, re-imposing same and the 
remaining provisions related therewith.  d) Public announcements, reminders and notices rela ted 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 existen ce of dumping of a specific product and the manner of 
calculating its export price, its normal value and marg in of dumping, and determining the existence of 
injury and causal link and the issues related to the substantiation of that. 
 
f) The basis and provisions related to the existence of  subsidizing, its calculation, and determining the 
existence of injury and a causal link and i ssues related to the substantiation of that. 
 g) Investigation procedures and matters contained th erein and determining the interested parties and 
participating parties therein.  G/ADP/N/1/JOR/3 
 G/SCM/N/1/JOR/3 
 G/SG/N/1/JOR/3 
 Page 9 
   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 there from. 
 
k) Information and evidence whose availability is  necessary in the application to impose Measures 
and the entities which may submit an application, such as the representative of the Domestic 
Producers.  
l) Provisions related to supporting Domestic Pr oducers to request the imposition of Measures. 
 m) Results arising from the existence of direct co mpeting products in the case of an increase in the 
imports and the provisions related therewith.  n) Determination of the periods necessary for the rea lization 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.  Article (28):  
The Prime Minister and the Ministers shall be respon sible for the implementation of the provisions of 
this law.  
__________