In the international trade arena, there are occurrences that may make a country feel disadvantaged or injured in the course of conducting trade with other countries. Such injuries could result in small and infant industries of a country closing down due to inability to compete with the imports and loss of employment due to closure of companies. There are several trade remedies that can be adopted to deal with such situations: anti-dumping duties, safeguard measures, and countervailing duties. The focus here will be on anti-dumping duties.
The World Trade Organization’s (WTO) General Agreement on Tariffs and Trade (GATT) 19941 provides the framework under which anti-dumping duties can be used. Kenya, who is a member of the WTO since 1995, can apply anti-dumping duties as long as she adheres to the rules governing anti-dumping as stipulated in Article 2 of the GATT 1994 on anti-dumping, commonly known as the WTO Agreement on Anti-dumping. The focus of this Bulletin is on the rules guiding anti-dumping and its application to Kenya.