In Jordan, the
Administrative Court and the Customs Court of First Instance play pivotal roles
in overseeing the enforcement of trade remedy measures. The Administrative
Court can adjudicate appeals on final determinations under the National
Production Protection Law, including safeguards measures. Notably, in the case
of three Union Ceramics (2010), the court rejected an appeal due to procedural
flaws, emphasizing the importance of challenging the correct decision-maker.
This court also has jurisdiction to compensate for damages related to
governmental procedures, provided claims are submitted with annulment lawsuits.
Appeals from the Administrative Court can be made to the Higher Administrative
Court. On the other hand, the Customs Court of First Instance handles issues
related to duty collection and disputes arising from trade remedy enforcement.
For example, in Arafat Musa Co., a company challenged safeguard duties under
the Jordan-Syria Free Trade Agreement, and the Customs Court of Appeal ruled in
the company’s favour, leading to a refund of duties. Additionally, Jordan’s
courts recognize the supremacy of international agreements, including WTO
agreements, over national law, as affirmed in cases like BMG International v.
Turkish Airlines. The National Production Protection Law aligns with this
principle by referencing WTO rules on anti-dumping, subsidies, and safeguards.