|CHAPTER 1 - CUSTOMS AND EXCISE (1ST BOOKLET) CODE | HOME|
|126. Dumping and subsidy defined.|
|Imposition of anti-dumping duty and countervailing duty||Establishmnent of Appeals Tribunal.|
|Dumping and subsidy defined.
8 of 1997, s.7
|126. (1) For the purposes of section 125, imported goods
(a) if the export price of the goods exported to Kenya is less than the comparable price, in the ordinary course of trade, for the products when destined for consumption in the exporting country;
(b) if the importation of the goods causes injury to or retardation of a Kenyan industry.
(2) References in section 125 to a subsidy are reference to the giving of a financial contribution on the production or export of goods by the government or a public body within the exporting country in such a manner as to cause injury to the Kenyan industry, including -
(a) a direct transfer of funds such as grant, a loan or equity infusions;
(b) an indirect transfer of funds such as a loan guarantee;
(c) provision of goods or services other than general infrastructure, or purchase of goods;
(d) fiscal incentives, such as tax credits;
(e) the making of payments to a funding mechanism, or directing a private body to carry out any of the functions specified above; or
(f) any form of income or price support.
(3) In section 125, the word "injury" means material injury, threat of material injury or material retardation.