G/ADP/Q1/KEN/7  
G/SCM/Q1/KEN/7  
G/SG/Q1/KEN/6  
 
21 September 2021  
(21-7042) Page: 1/2 
Committee on Anti -Dumping Practices  
Committee on Subsidies and Countervailing Measures  
Committee on Safeguards  Original: English  
 
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS  
REPLIES TO FOLLOW -UP QUESTIONS1 POSED BY  
THE UNITED STATES  REGARDING THE NOTIFICATION  OF KENYA2 
The following communication dated  and received on 20 September 2021 , is being circulated at the 
request of the delegation of Kenya . 
 
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Question 1  
In its response to question 4, Kenya states that all interested parties will have access to 
the case file, except as may be protected by the confidentiality rule. Kenya further 
explains that parties interested in accessing the case file will need to make a request in 
writing to the Kenya Trade Remedies Agency ( "Agency "). Please clarify whether members 
of the general public can submit a request to access a trade remedy case file or will access 
to the case files be limited to interested parties that have registered to participate in the 
proceeding. Kenya also states that a case file will normally be closed after investigation, 
but that further review may be undertaken upon application by an interested party who 
provided additional information that was not available before closure. Please clarify 
whether by this statement Kenya is referring to the reexamination by the investigating 
authority of a closed case file or the ability of interested parties and the general public to 
access the case file after it has closed. If the former, please clarify whether interested 
parties and the general public will be able to access closed case file s. 
Reply : 
A Member of the General Public who requests in writing to the Kenya Trade Remedy Agency to 
access a Trade Remedy case file may be allowed access on a case by case basis in accordance with 
Kenya's Laws on Access to information. The access to information is not exclusive to those who have 
registered to participate in the proceeding. However, the information given shall not include that 
which has been classified as Confidential or restricted.  
According to Kenya 's law  a case file will normally b e closed after investigation. However, further 
review may be undertaken upon application by an interested party who provides  additional 
information that was not available before closure.  In this case, the additional information is provided 
before closure. T he issue of re -examination will therefore not arise.  
Question 2  
In its response to question 5, Kenya states that, "{t}he Agency shall carry out its 
background check and verification as provided for in the law before making a decision to 
 
1 G/ADP/Q1/KEN/ 6 - G/SCM/Q1/KEN/ 6 - G/SG/Q1/KEN/ 5 and G/ADP/Q1/KEN/ 6/Corr.1 - 
G/SCM/Q1/KEN/ 6/Corr.1 - G/SG/Q1/KEN/ 5/Corr.1.  
2 G/ADP/N/1/KEN/3  - G/SCM/N/1/KEN/3  - G/SG/N/1/KEN/2 . G/ADP/Q1/KEN/7 • G/SCM/Q1/KEN/7 • G/SG/Q1/KEN/6  
 
- 2 - 
 
 initiate an investi gation. " Please clarify whether Kenya intends to conduct an on -site 
verification of the data provided in the application by the petitioner prior to deciding 
whether to initiate a trade remedy investigation . 
Reply : 
Yes. Kenya may conduct an on -site verification of the data provided in the application by the 
petitioner prior to deciding to initiate a trade remedy investigation if the information provided by the 
data is insufficient to make a definitive decision.  
Question 3  
In its response to question 10, Kenya states that its examination of whether the 
application of lesser duty is appropriate shall be done only in instances where exporters 
representing a significant percentage of the total trade value request that provisional 
measures be applied for a  period of nine months, instead of six months. Is this 
understanding correct? If lesser duty is not applied, how long will provisional duties 
remain in effect? Will Kenya ever examine whether the application of lesser duty is 
appropriate on its own accord (i.e., without a request to do so by exporters)?  
Reply : 
In response to Question 10, Kenya stated that its examination of whether the application of lesser 
duty is appropriate shall be done only in instances where exporters representing a significant 
percen tage of the total trade value request that provisional measures be applied for a period of 
nine months, instead of six months. This understanding is correct.  
If lesser duty is not applied, provisional duties will remain in effect for six (6) months with a 
possibility of extension as may be allowed by the Anti -Dumping Agreement. Kenya will examine 
whether the application of lesser duty is appropriate on its own accord (i.e., without a request to do 
so by exporters) in line with Section 21 (1)(b) of the Secon d Schedule of the Kenya Trade Remedies 
Law and Article 7.4 of the Anti -Dumping Agreement.  
 
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