. /.  WORLD TRADE  
ORGANIZATION  G/ADP/Q1/JOR/5 
G/SCM/Q1/JOR/5 8 April 2005 
 
(05-1479) 
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures Original:   English 
 
 
 
NOTIFICATIONS OF LAWS AND REGULATIONS 
UNDER ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS 
 
Replies to Questions Posed by the UNITED STATES1 
Regarding the Notification of JORDAN2 
   The following communication, dated 4 April 2005, is being circulated at the request of the Delegation of Jordan. 
 
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 The Permanent Mission of the Hashemite Kingdom  of Jordan to the United Nations Office 
and other International Organizati ons in Geneva presents its compliments to the WTO/Committee on 
Anti-Dumping Practices, and has the honour to forw ard the answers to the questions posed by the 
United States (G/ADP/Q1/JOR/4) on Jordan's notifi cation of its National Production Protection Law. 
                                                     
 
 1 G/ADP/Q1/JOR/4-G/SCM/Q1/JOR/4  
2 G/ADP/N/1/JOR/3- G/SCM/N/1/JOR/3 G/ADP/Q1/JOR/5 
G/SCM/Q1/JOR/5 Page 2 
 
 
 Question 1:
 
  Please confirm that the term “Directorate” in Article 2 of National Production Protection Law No. (21) for the year 2004 (th e Law) replaces the previously utilized term 
“Competent Authority” from the previous “Nat ional Production Protection Law (No. 50 of 
2002)”.  Does the change in terms to “Directorate” throughout the Law change or add to the meaning or responsibilities of the previous ly termed “Competent Authority”?   
 
Answer:
 
 
 We confirm that the term "directorate" of the new law completely reflects the term "competent authority" of the previous temporary law.   No additions or chang es has effected the law to 
that extent.  Question 2:
 
  When does the Ministry intend to notify to the WTO its new Anti-Dumping and Anti-
Subsidies Regulation, reflecting the recent promul gation of its Law, as required by Jordan’s 
Law, Article 26?    
Answer:
 
  The Ministry is in the process of amending the Anti-dumping and Anti-subsidies Regulation.  The current regulation on anti-dumping and anti-s ubsidies, which was notified to the WTO and 
published in document No. G/ADP/N/1/JOR/2, will rema in in force until amendments of the same are 
being finalized.  The Ministry shall notify the WTO on the amended regulation as soon as its being 
finalized and approved.  
Question 3:
 
  Article 5(c) of the Law, provides that the Minister’s decision period for initiating an 
investigation may extend for an additional 14 da ys, in cases involving agricultural products.  
Please explain the basis for the additional 14 days  of consideration provided for in the Law, and 
what experiences with regard to investigation of  agricultural products has necessitated such an 
extension.  In addition, does Jordan foresee any ot her industry or products that may also have 
seasonal products requiring an additional 14 da ys extension or is this only permissible for 
seasonal agricultural products? 
 
Answer:
 
  We would like to clarify that the 14 days extension does not only apply to agricultural products but also to industrial products.  Article 5(c)  does not stipulate that extension applies only to 
agricultural products, rather it is a general rule.  As regard the consideration of seasonal agricultural 
products, the Article poses a special-care obligatio n on the competent authority when dealing with 
seasonal agricultural products in order to facilitate th e examination period.  Such special care clause 
was demanded by parliament members, as they belie ved that the total examination period of 28 days 
would be a long period for examining petitions concerning seasonal agricultural products, and 
therefore they sought to pose an alerting clause to the competent authority to facilitate procedures of 
examination period.  However, the examination pe riod will remain 14 to 28 days for all kind of 
products.   G/ADP/Q1/JOR/5 
 G/SCM/Q1/JOR/5 
 Page 3 
 
 
 Question 4:  
  Article 8(b) provides that the Directorate will invite interested parties to submit evidence and information, to participate in public hearings to discuss such evidence and 
information, and to examine all “non-confidential”  evidence and information that is submitted.  
Explain how Jordan intends to ensure that interest ed parties furnish non-confidential versions 
of their confidential submissions, as required under Article 6.5 of the ADA and Article 12.4 of the SCM Agreement, and that oral information is  made available in written form, in accordance 
with Article 6.3 of the ADA and Article 12.2 of the SCM Agreement. 
 
Answer:
 
  In requiring interested parties to furnish non-confidential copies, the Directorate intends to follow the guidelines of Articles 12.4 and 6.3 of  the ADA and the SCM Agreements reflected in 
Article 54(c) of the Anti-dumping and Anti-subsidies Regulation No. 26 for the year 2003.  In 
general, the Directorate requires interested partie s to furnish non-confidential copies in the initiation 
announcements, petition forms, and a ll questioners forms.  As rega rd making any oral information 
available in written forms, the Directorate will follow guidelines of Articles 6.3 and 12.2 of ADA and SCM Agreements reflected in Article 48(c) of  the Anti-dumping and Anti-subsidies Regulation 
No. 26 for the year 2003. 
 
Question 5:
 
  Article 11(b) of the Law provides that an investigation must be terminated where the volume of imports is found to be “less than the limit  set in the regulations issued by this law”.  
Will Jordan promulgate such regulations consistent with the de minimis thresholds provided 
under Article 5.8 of the ADA, and if so, when?  
Answer:
 
  Despite the fact that Article 42 of the current Anti-dumping and Anti-subsidies Regulation 
disciplines the de minimis  threshold by referring method of its examination to the WTO Agreements, 
such threshold shall be expressed in the amended Regulation.  
Question 6:
 
 
 The Law refers to “preliminary determinations” in Article 13(a), concerning provisional 
measures, and in Article 26(n), concerning th e promulgation of implementing regulations, 
without defining the term.  Please explain the concept of preliminary determinations under the Law, and the procedures a nd requirements for such preliminary determinations?   
 
Answer:
 
 
 Article 55 of the anti-dumping and anti-subs idies regulation No. 26 for the year 2003, 
particularize the conditions of reaching a preliminar y determination, which is  determination reached 
by competent authority not less than 60 days from initiation date.  Our understanding to the term is that any determination whether preliminary or final cannot be reached unless the conditions for 
applying anti-dumping or anti-subsidies are present, i.e. the injurious practice of dumping or 
subsidizing, material injury and causality.  However, in defining the term "pre liminary determination" 
the competent authority relies on Article 17 SCM and Article 7 ADA as required by Article 23 of the Law.  G/ADP/Q1/JOR/5 
G/SCM/Q1/JOR/5 Page 4 
 
 
 Question 7:
 
  Article 16 of the Law provides that the Directorate will issue a “justified recommendation” upon completion of an investigat ion, accompanied by a comprehensive report 
illustrating the results achieved on  the existence of injurious practices, injury, and the causal 
link.  Article 25 of the Law establishes a “Dum ping register”, a “Subsidies register”, and a 
“Safeguard register”.  Will recommendations and reports issued under Article 16 be published in the registers established under Article 25, as required under Article 12 of the ADA and Article 22 of the SCM Agreement, and if so, under what authority? 
 
Answer:
 
  Yes, the register will include copies of a ll kind of recommendations in addition to non-
confidential copies of final reports.  The register is organized and ad ministered under the authority of 
the National Production Protection Directorate. 
 
Question 8:
 
 
 When does the Jordanian Council of Minist ers intend to implement the Law through the 
promulgation of regulations, as mandated under Ar ticle 26 of the Law?  Will such regulations 
establish standards for the issuance of injury  and threat determinations consistent with 
Article 3 of the ADA and Article 15 of the SCM Agreement?     
Answer:
 
 
 The Law is already implemented by the Counc il of Ministers after it was published in the 
Official Gazette.  As a matter of law, and according to Article 27 of the new law, the current Regulations will remain in force to th e extent they do not contradict with the law.  As regard standards 
of injury and threat determinations, the amended Regulation will include rules for the same pursuant 
to Article 3 of the ADA and 15 of the SCM.  
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