|CHAPTER 1 - CUSTOMS AND EXCISE (1ST BOOKLET) CODE | HOME|
|125A. Imposition of anti-dumping duty and countervailing duty|
|Time of entry for home use determines rates of duty||Dumping and subsidy defined.|
|Imposition of anti-dumping duty and countervailing duty||125A. (1) Where upon the findings of the committee appointed under section 125, the Minister is satisfied-
(a) that goods of any description are being or have been imported into Kenya in circumstances in which they are, under this Act, to be regarded as having being dumped; or
(b) that some government or public body outside Kenya has been giving a subsidy in respect of goods of any description imported into Kenya, the Minister may, where the exporter offers to increase the price of the respective goods to the extent of the dumping margin or the amount of the subsidy accept such offer, or may, by order in the Gazette-
(i) in the case of goods regarded as having been dumped, impose an anti-dumping duty, or
(ii) in the case of goods in respect of which a subsidy has been or is being given, impose a countervailing duty.
(2) The anti-dumping duty or countervailing duty imposed under subsection (1) shall be chargeable n addition to any other duty for the time being chargeable on the respective goods:
(a) the rate of such duty shall not exceed the dumping margin or the amount of subsidy found to exist; and
(b) no duty shall be imposed under this section by the Minister is not satisfied that the effect of the dumping or of the subsidy is such as to cause or threaten material injury to an established industry in Kenya or is such as to retard materially the establishment of an industry in Kenya.
(3) An order under subsection(1) shall specify either the country from which the goods originated or from which the goods were imported into Kenya and may include provisions with respect to the description of the goods chargeable with duty as may appear to the Minister to be required for the purposes of this Act and, in particular, provisions limiting the description of the goods by reference to the particular persons or organisations by whom the goods were produced or who were concerned with the production of the goods in some specified manner.