Complaint

Complaint number
NTB-000-948  
NTB Type
2.6. Additional taxes and other charges  
Complaint
TRA arbitrary uplifting values of Kenya products by uplifting of customs invoice values for Kenyan manufactured products
-increase of value of CO2
-Milk and milk products
 
Status note
The SCTIFI agreed that the issue is operational; KRA and TRA should discuss and resolve it.Hence it is resolved from the EAC Time-Bound Programme  
Progress update note
1. 0n 10 August 2020, the REC NTB Focal Point reported that, during the RMC meeting held on 10th August, 2020 URT explained that it is a normal practice for Customs to determine invoice value depending on the Market Value as per Article 7 of the WTO (GATT) on Valuation. And hence doesnt consider it an NTB. It can be resolved amongst KRA and TRA. Tanzania and Kenya agreed to have a Bilateral meeting to resolve it by 24th August, 2020.The Secretariat guided that valuation is acceptable as per the EAC Laws to re valuate provided that it is not discriminatory. Kenya Focal Point is requested to attach the evidence for this NTB.
2. 0n 10 August 2020, Kenya Focal Point responded that uplifting of of US$ value of carbon dioxide by Tanzania Revenue Authority (TRA) is being done arbitrarily i.e. TRA increase the value (selling price) of exports should they perceive that the imported goods are undervalued regardless of providing evidence of price list. GATT valuation principals fully complied.  
Policy or regulatory NTB
No 
Location
Tanzania: Tanzania Revenue Authority (Government institution)  
Reporting Country or Region
Kenya  
Country specific trade issue
No  
Date of incident
2019-12-01  
Status
Resolved  
Date of resolution
2020-09-10  
Product Description
 
Total value
0  
Date reported
2020-03-11 14:43  
Modified
2020-09-10 21:42