./.RESTRICTEDWORLD TRADE
ORGANIZATIONG/SG/Q1/JOR/8
12 June 2001
(01-2893)
Committee on Subsidies
and Countervailing MeasuresOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS UNDER
ARTICLE 12.6 OF THE AGREEMENT
Replies to Questions Posed by TURKEY1
Regarding the Notification of JORDAN2
The following communication, dated 7 June 2001, has been received from the Permanent
Mission of Jordan.
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Q1. Article 4 of the Regulation on Safeguard of National Production of Jordan states that
“The effect of increased imports on the domestic production and producers of the product shallbe assessed on basis of data particular to the production of that product.  However, if such data
is not available, the effect of the increased imports shall be assessed on basis of data relevant to
the narrowest group or range of products, which include the domestic product for which
information can be available.”
If Jordan takes any safeguard measures on the basis of this article, could Jordan please
provide more information on the application and its consistency with the Agreement onSafeguards.
Reply
Being derived from the letter and spirit of the WTO Agreements, Provision 4 of the
Regulation sets out a facilitating mechanism for th e investigating authority at a certain safeguards
investigatory stage.  At this stage, the invest igating authority is allowed to obtain indicatory
information from other products belonging to the same category of the subject product when
examining the effect of the increase of the subject product on domestic producers.  This will only be
resorted to where information on relevant factors relating to the like or directly competitive product isnot feasible at that stage of the investigation.  However, Jordan emphasizes that final determinations
shall be based on assessment of relevant factors relating to the like or directly competitive product as
required in Articles 4.1(c) and 4.2(a) of the Agreement on Safeguards.
Q2. Article 19 of the Regulation, circulated in document G/SG/N/JOR/1/Corr.1 on 10 April
2001, states regarding the conclusion of the investigation that “the Competent Authority shall
normally conclude investigation and issue it s recommendation to the Minister, whether to
accept a safeguard application or reject it, with in 3 months from the date of initiation of
                                                     
1 G/SG/Q1/JOR/3
2 G/SG/N/1/JOR/1G/SG/Q1/JOR/8
Page 2
investigation subject to extension for another 5 months in special circumstances foreseen by the
Minister.”
If the Competent Authority decides normally to conclude investigation within 3 months,
how could interested parties submit their views regarding the investigation and how couldJordan provide adequate opportunity for consultations stated in the Article 12.3 of the
Agreement on Safeguards within the 3 month investigation period?
Reply
In normal circumstances Jordan will use the three month period following initiation to issue
questionnaires and receive submissions from participating interested parties.  At the end of that periodJordan will make and issue a preliminary determinati on.  If the preliminary determination is negative,
the investigation will be terminated.  If the prel iminary determination is positive, the investigation
authority will consult the Minister and the Council of Ministers about the application of provisional
measures and seek Ministerial authority to extend the investigation for up to five additional months to
allow for written submissions and oral arguments before making a final determination.
Q3. Article 19 of the Regulation states that investigation can be extended for another 5
months in special circumstances.
Could Jordan please provide more information on special circumstances?
Reply
The special circumstances would normally be the making of a positive preliminary
determination but could be any other factor which required additional information so that fullconsideration could be given to all pertinent issues of fact and law.
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