FAQs
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 Practices.
They are broadly categorized into three:
- Anti – Dumping Measures – To Address Problems of Dumping
- Countervailing Measures - To Address Negative Effects of Subsidies
- Safeguards Measures – To Address Sudden Import Surges
KETRA is the competent Authority in Kenya designated to implement Trade Remedies in accordance with the WTO Law. The WTO Agreements on Anti – Dumping, Subsidies and Countervailing Measures and Safeguards provide an elaborate framework on how WTO Members may use Trade Remedies. Under WTO law, a Member State intending to apply trade remedies must establish both a domestic legal framework and a competent investigating authority to ensure that any measures adopted are transparent, evidence-based, and compliant with international obligations.
In Kenya, the Kenya Trade Remedies Act, 2017 establishes KETRA and fully domesticates the WTO Trade Remedies Agreements, thereby providing the legal and institutional framework for the investigation and administration of Anti-Dumping, Countervailing, and Safeguard measures.
KETRA's main clients are Kenyan producers and manufacturers. If a local industry is being harmed by unfairly priced imports, subsidized imports, or a sudden surge of imports, KETRA is the institution that investigates the matter and recommends appropriate trade remedy measures.
Additionally, KETRA serves industry associations, chambers of commerce, sector organizations, farmers' groups, worker representatives, exporters, importers, policymakers, researchers, and the general public by providing information, conducting investigations, and promoting awareness of trade remedies and fair trade practices.
An Unfair Import Trade Practice refers to any situation where imported goods enter the domestic market under conditions that distort fair competition and cause, or are likely to cause, injury to a domestic industry. These practices give imported products an artificial advantage over locally produced goods, undermining fair and competitive trade.
You can identify products prone to Unfair Trade Practices at the country level by looking at sudden increases/surges in imports, unusually low import prices compared to local products, and signs that local industries are losing sales, jobs, or profits in favor of foreign entities.
To assess this likelihood, KETRA uses trade statistics, industry applications, market intelligence, and stakeholder complaints to identify “suspect products.” Once a pattern is identified, a formal investigation is initiated to determine whether unfair trade practices exist and whether trade remedy measures are justified under WTO rules and Kenya’s Trade Remedies law.
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.