   
  
G/ADP/Q1/KEN/6  
G/SCM/Q1/KEN/6  
G/SG/Q1/KEN/5  
 
16 March 2020  
(20-2050) Page: 1/1 
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  
FOLLOW -UP QUESTIONS TO THE REPLIES1 TO QUESTION S2 POSED BY  
THE UNITED STATES  REGARDING THE NOTIFICATION  OF KENYA3 
The following communication dated 13 March 2020, 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 ge neral 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 i nvestigation, 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 t he 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 files.  
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 initiate an investigation. " 
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 . 
Question 3  
In its response to question 10, Kenya states that its examination of w hether 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 mon ths. 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 expor ters)?  
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1 G/ADP/Q1/KEN/5  - G/SCM/Q1/KEN/5  - G/SG/Q1/KEN/4 (dated November 18, 2019). For the sake of 
efficiency, the United States suggests that committee review for these questions be conducted in the 
Committee on Anti -Dumping Practices.  
2 G/ADP/ Q1/KEN/ 4 - G/SCM/ Q1/KEN/ 4 - G/SG/ Q1/KEN/3 (circulated 8 October 2019) . 
3 G/ADP/N/1/KEN/3  - G/SCM/N/1/KEN/3  - G/SG/N/1/KEN/2 ( circulated  21 May 2019) . 