./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q2/JOR/3
12 June 2001
(01-2894)
Committee on Safeguards Original:  English
NOTIFICATION UNDER ARTICLE 12.1(A) OF THE AGREEMENT ON
SAFEGUARDS ON INITIATION OF AN INVESTIGATION
AND THE REASON FOR IT
Replies to Questions Posed by TURKEY1
to JORDAN2
The following communication, dated 7 June 2001, has been received from the Permanent
Mission of Jordan
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Q1. Jordan had applied a safeguard measure during the period from 01 March 2000 to
19 September 2000 on the import of biscuits and chocolates falling under the tariff headingsnamely 1905.30, 1806.20, 1806.31, 1806.32 and 1806.90. Later, on 10 December 2000, Jordan has
initiated a safeguard investigation on imports of the same products subject to the previously
implemented measure, except for the tariff heading 1806.20.
Article 7.5 of the Agreement on Safeguards states that, “No safeguard measure shall be
applied again to the import of a product which has been subject to such a measure, taken after
the date of entry into force of the WTO Agreement, for a period of time equal to that duringwhich such measure had been previously applied, provided that the period of non-application is
at least two years.”
If the Jordanian authority decides to apply any kind of safeguard measure to the
products in question, could Jordan please clarify the consistency of that measure with Article7.5 of the Agreement on Safeguards?
Reply
The previous measure applied to chocolate and biscuit products was a countervailing measure
rather than a safeguard measure and is not therefore subject to the requirements of Article 7.5 of the
Agreement on Safeguards.  Such measure was based on Article 15 of Jordanian customs law and was
applied prior to the accession of Jordan to the WTO.
Q2. According to data available, import figures of the product subject to investigation,
falling under tariff heading 1806.32, show that there is a decreasing trend. Article 2.1 of the
Agreement on Safeguards states that “... if th at member has determined.... that such product is
being imported into its territory in such increased quantities,  absolute or relative to domestic
                                                     
1 G/SG/Q2/JOR/2
2 G/SG/N/6/JOR/1 & Suppl.1G/SG/Q2/JOR/3
Page 2
production, and under such conditions as to caus e or threaten to cause serious injury to the
domestic industry...”
While there is a decrease in imports of the product in question, falling under the tariff
heading 1806.32, could Jordan please explain ho w the decreasing imports can cause serious
injury or threat thereof to the domestic producers?
Reply
The effect of this issue will be examined in the course of the oral hearings and in the final
determinations.  The Committee on Safeguards will be notified of the outcome in accordance with
Article 12 of the Agreement on Safeguards.
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