Complaint

Complaint number
NTB-001-373  
NTB Type
2.6. Additional taxes and other charges  
Complaint
The Malawi Revenue Authority, through the New Customs and Excise Tax Measures for the 2026/2027 Financial year effective 27 February 2026, introduced import surcharges on various products including refined edible oils (10%), cane sugar (15%), sweets (20%), biscuits (20%), crisps (20%), vegetables (40%), chilli sauce (15%), beverages (15%), cement (30%), plastic household articles (20%), blankets (25%), polypropylene bags (20%), aluminium pots (15%), plastic furniture (20%), ballpoint pens (15%), among others, ostensibly to protect local industries.
The additional import surcharges increase the cost of Kenyan products entering Malawi, thereby eroding the Kenya COMESA preferential market access, reducing competitiveness of Kenyan exports.
Kenya and Malawi are both COMESA Member States. Kenyan products that meet COMESA Rules of Origin should enjoy preferential treatment. The imposition of protective import surcharges on products originating from COMESA Member States has the effect of nullifying or impairing tariff preferences and constitutes a measure equivalent to a non-tariff barrier, contrary to the principles of trade liberalisation and non-discrimination under the COMESA Treaty.
Kenya requests Malawi to:
1. Consider removing the import surcharges on COMESA-originating products
2. Restore full preferential treatment for eligible Kenyan products.
3. Engage Member States through COMESA before introducing trade-restrictive measures.
4. Ensure industrial protection measures are implemented in a manner consistent with COMESA obligations and do not undermine regional integration.  
Progress update note


 
Policy or regulatory NTB
No 
Location
Malawi: Malawi Revenue Authority (Government institution)  
Reporting Country or Region
Kenya  
Country specific trade issue
No  
Date of incident
2026-02-27  
Status
New  
Product Description
Refined edible oils, cane sugar, sweets, biscuits, crisps, vegetables, chilli sauce, beverages, cement, plastic household products, blankets, packaging materials, aluminium pots, plastic furniture, ballpoint pens and other manufactured products exported by Kenya.


 
Total value
0  
Date reported
2026-07-20 12:42  
Modified
2026-07-20 12:42  

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