Trade Remedies are Policy Tools available to Governments to use to defend their industry from unfair import trade practices. They broadly fall into three categories; Anti – Dumping Measures to address dumping, Countervailing Duty Measures to address negative effects of Subsidies and Safeguards to address sudden import surges.
Trade Remedies are Policy Tools Used by Governments to fight Unfair Import Trade Practice.
Broadly they are categorized into three:
- Anti – Dumping Measures – Address problems of Dumping
- Countervailing Measures - Address Negative Effects of Subsidies
- Safeguards Measures – Address sudden import surges
KETRA is the competent Authority in Kenya to implement Trade Remedies in accordance with the WTO Law. The WTO Agreements on Anti – Dumping, Subsidies and Countervailing Measures and Safeguards provide the elaborate framework on how WTO Members may use Trade Remedies. A Member is required to have a domestic law and Competent Authority. The law establishing KETRA has domesticated these three WTO agreements in Kenya and provides the legal and institutional framework for implementing Trade Remedies.
The target clients for KETRA are Kenyan Manufacturers
It means action (s) taken by a company or Foreign Government that are not in line with normal conduct of business. The actions confer advantages on exporters to Kenya that Kenyan firms or manufacturers producing like products do not have which may cause them to suffer Material injury or retardation.
Through complaints received from industry or surveys conducted by a competent Authority. The best method is the complaints from industry since they specify the products affected source of the products and nature of the unfair trade practice and parties involved.
Iron and Steel and Aluminum
There are three provisions; Anti – Dumping, Countervailing Duty and Safeguards in the Trade Remedies Act, 2017.
Yes. A survey conducted in 2018 to provide a baseline for intervention indicated that a number of sectors have been affected. These include Iron and Steel, Sugar and Glass Bottles.
No. At the moment we do not charge any fees for our services. In the event we intend to begin charging for any service, we shall communicate in advance.
Trade Remedies Investigation Manual is required. When a complaint is received at KETRA, Officers based on the nature of the complaint identify whether it is related to dumping, subsidies or safeguards and thereafter an appropriate form is issued to the complainant to go and provide the required information.
It varies depending on the complexity of the investigation. It may take 90 days to 12 Months.
A dumping Measure addresses problems related to a product that has been dumped (That is a product sold at a price in Kenya that is lower than the price in the originating country; – unfairly low prices). A Safeguard Measures address problems relating to import surges. Import surges occur when imports increase suddenly and cause market disruptions to local producers. The imports must be huge, unforeseen and sudden.
Like products are those that have the same end use and can be used interchangeably.
They are instituted based on complaint(s) received from Kenyan Manufacturers. The complaint (s) must be supported by 25% of the industry producing the like product.
Trade Remedies Measures address unfair Trade Practices relating to dumping, subsidization and sudden import surges while Anti – Counterfeit Measure address unfair trade practices related to misuse or violation of Intellectual Property Rights such as Trade Marks and Copyrights.
KETRA Protects Kenyan Industries/ Manufactures from unfair International Competition. All matters relating to domestic competition are handled by the Competition Authority of Kenya.