ADVOKS GLOBAL · KENYA
Kenya Trade Remedies Act
2. Interpretation
Edition: 2022-12-31 · In force
2. Interpretation
In this Act, unless the context otherwise requires—"Agency" means the Kenya Trade Remedies Agency established under section 3;"Board" means the Board of the Agency as constituted under section 6;"Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to trade;"confidential information" means any information which is—(a)by nature confidential; or(b)provided on a confidential basis in terms of this Act;"countervailing measures" means a special duty levied for the purpose of offsetting any subsidy bestowed, directly, or indirectly, upon the manufacture, production or export of any merchandise;"domestic industry" means domestic producers as a whole of the product or like products or to those of them whose collective output of the products constitutes a major proportion of the total domestic production of those products, and are not related to the exporters or importers or are themselves importers of the allegedly subsidised product or a like product from other countries;"domestic like product" means the domestically produced product which is a like product to the investigated product;"domestic market" means the market within the country including the EAC as a single customs territory;"dumping" means the introduction of a product into the commerce of the country at an export price that is less than its normal value:"dumping margin" means the difference between the export price and the normal value as it results from the comparison of the two in accordance with the provisions of this Act;"EAC" means the East African Community as a single customs territory;"Executive Director" means the Executive Director of the Kenya Trade Remedies Agency appointed under section 13;"GATT 1994" means the General Agreement on Tariffs and Trade that was adopted at Marrakech on the 15th day of April 1994 and established the World Trade Organization (WTO);"independent buyer" means an individual or company that has no relationship with either the importer or the exporter of the product under investigation;"injury" means material injury or threat of material injury to a domestic industry, or material retardation of the establishment of such an industry;"interested parties" means—(a)an exporter or producer in the exporting country, or the importer of a product subject to investigation, or a trade or business association a majority of the members of whom are producers, manufacturers, exporters or importers of the investigated product; or(b)the governments of both the importing and exporting country; or(c)a producer of the like product or a trade or business association, a majority of the members of whom, produce the like product in Kenya;"investigated product" means the product subject to an unfair trade practice investigation;"like product" means a product, which is identical or otherwise alike in all respects to the investigated product or in the absence of such a product, another product, which although not alike in all respects, has characteristics closely resembling those of the investigated product;"Prior-Stage Cumulative Indirect Taxes" means multi-staged taxes levied on goods or services used directly or indirectly in making a product, where there is no mechanism for subsequent crediting of the tax if the goods or services subject to the tax at one stage of production of the product are used in a succeeding stage of production thereof;"rate of subsidisation" means the ad valorem subsidisation of the investigated product;"safeguard measures" means the temporary imposition of a tariff or quantitative restrictions or other necessary permissible measures to prevent or remedy serious injury and to facilitate adjustments of the concerned industry;"serious injury" means material injury or threat of material injury to a domestic industry or material retardation of the establishment of an industry;"specific subsidies" means subsidies available only to a defined enterprise or industry, or a group of enterprises or industries, within the jurisdiction of a granting agency;"subsidised goods" means goods in respect of the production, manufacture, growth, processing, purchase, distribution, transportation, sale, export, or import of which a specific subsidy has been or will be paid, granted, authorized, or otherwise provided, directly or indirectly, by a foreign government;"subsidy" includes any financial or other commercial benefit that has accrued or will accrue, directly or indirectly, to persons engaged in the production, manufacture, growth, processing, purchase, distribution, transportation, sale, export, or import of goods, as a result of any scheme, programme, practice, or thing done, provided, or implemented by a foreign government or a body of the foreign government, but does not include the amount of any duty or internal tax imposed on goods by the government of the country of origin or country of export from which the goods, because of their exportation from the country of export or country of origin, have been exempted or have been or will be relieved by means of refund or drawback;"threat of serious injury" means serious injury that is imminent and of whose determination of its existence is based on facts and not on allegation, conjecture or remote possibility;"total subsidy amount" means the absolute monetary value of benefit received by a recipient from an investigated countervailable subsidy programme, net of offsets or deductions otherwise permitted by this Act;"WTO" means the World Trade Organization;"WTO Anti-Dumping Agreement" means the World Trade Organization Agreement on the Implementation of Article VI of the GATT 1994; and"WTO SCM Agreement" means the World Trade Organization Agreement on Subsidies and Countervailing Measures.