|CHAPTER 1 - CUSTOMS AND EXCISE (1ST BOOKLET) CODE | HOME|
|142. Exemption from certain duties of certain re-imports.|
|Exemption from certain duties of goods entered for exportation. etc.||Exemption from certain duties of temporary imports.|
|Exemption from certain duties of certain re-imports.
8 of 1991, s.18.
|142. (1) Subject to the provisions of this Act, where goods which are liable to duty have been exported from and are subsequently re-imported into Kenya then, if the Commissioner is satisfied -
(a) that any duty to which the goods were liable prior to their exportation has been paid and either-
(i) no drawback of the duty was allowed on exportation; or
(ii) if allowed, the drawback has been repaid to the proper officer; and
(b) that the goods have not been subjected to any process after being so exported, or, if so subjected, that their form or character has not been changed and that the goods at the time of re-importation are not liable to duty ad valorem; and
(c) that the owner of the goods prior to exportation gave notice thereof in writing to the proper officer and produced the goods for inspection by him at the port or place from which they were exported,
the goods shall, save as otherwise provided in this Act, be exempt from liability to duty:
Provided that the Commissioner may in any particular case direct that this section shall apply to goods notwithstanding that paragraph (c) has not been complied with if he is satisfied that a failure so to direct would involve hardship.
(2) In the case of goods to which subsection (1) would apply but for the fact that at the time of re-importation they are liable to duly ad valorem, the goods shall on re-importation be chargeable with duty as if the value of the goods were only the amount of the increase in value attributable to the process; and for the purpose of ascertaining the increase in value, any sum paid for the execution of the process shall, unless the Commissioner otherwise directs, be taken to be the amount of the increase.