ADVOKS GLOBAL · KENYA
Kenya Trade Remedies Act
23. Anti-dumping and countervailing measures
Edition: 2022-12-31 · In force
23. Anti-dumping and countervailing measures
(1)The Cabinet Secretary may impose—(a)in the case of goods dumped in Kenya, an antidumping duty in an amount equal to or less than the margin of dumping of the imported goods; and(b)in the case of subsidized goods imported in Kenya, a countervailing duty in an amount equal to or less than the amount of subsidy on the imported goods.(2)Where a product is being imported in Kenya in such increased quantities and under such conditions as to cause or threaten to cause serious injury to a domestic industry that produces a like or a directly competitive product, the Cabinet Secretary may request the Cabinet Secretary responsible for finance to impose a safeguard measure.(3)The imposition of a safeguard measure under subsection (2) shall be done in accordance with provisions of this Act and the Schedules to this Act.(4)Where the Cabinet Secretary is required to act on the recommendation of the Agency to impose an antidumping, countervailing or a safeguard measure, the Cabinet Secretary shall take action on the recommendation within sixty days of receiving the recommendation.(5)Where the Cabinet Secretary fails to act on the Agency's recommendation in the prescribed period, he or she shall inform the Agency of the reason of the failure to act in writing.