What steps should a Kenyan textile manufacturer take to qualify for preferential trade tariffs under the East African Community and COMESA when exporting a new garment line?
Lawyer Answers
mohammad mehdi ghanbari
Hello and best regards.
Based on the current trade protocols for the East African Community (EAC) and COMESA, here are the specific steps you need to take to qualify for preferential tariffs. While the process is technical, it is manageable with the right preparation.
1. Determine Your Origin Criteria (Rules of Origin)
To qualify for duty-free entry, your garments must meet specific \"Rules of Origin\" (RoO) to prove they are effectively \"Kenyan\" and not just re-exported goods.
COMESA Rules: Generally, you must demonstrate that your goods meet one of two key criteria:
Value Addition: The value added in Kenya accounts for at least 35% of the ex-factory cost.
Import Material Limit: The C.I.F. value of non-originating (imported) materials used does not exceed 60% of the total cost of materials.
EAC Rules: The EAC often applies a \"Double Transformation\" rule for textiles (e.g., Yarn → Fabric → Garment), meaning the weaving and assembly must both occur within the EAC. However, for some specific product lines, a change in tariff heading or 35% value addition may apply.
2. Obtain the Certificate of Origin (CoO)
You do not need a private lawyer to obtain this, but you must work with the Kenya Revenue Authority (KRA), which issues preferential certificates for EAC and COMESA.
Registration: Register your company with the KRA’s Rules of Origin Section. You will need your PIN certificate and export registration.
Verification: KRA officers may visit your factory to verify your input-output coefficients (to ensure you meet the value-addition rules mentioned above).
Electronic Certificates: As of October 2025, COMESA and Kenya have launched an Electronic Certificate of Origin (eCO) system to speed up this process. You should apply through this digital platform to save time.
3. Labeling and Local Content
Labeling: Ensure all garments have labels in English (and preferably Kiswahili) stating \"Made in Kenya\". You must also include the manufacturer’s name and address, and care instructions.
Standards: Your goods must comply with Kenya Bureau of Standards (KEBS) requirements before export.
Do you need legal representation?
You generally do not need a lawyer for the daily operations of rules of origin or tariff classification. However:
Clearing Agent: You must use a Licensed Clearing Agent to process customs documentation in the EAC; they are legally mandated to handle the clearance.
Consultant: For the initial setup—calculating your value addition to ensure you don't face penalties—a trade consultant is often more useful than a general lawyer.
I can provide you with a detailed, low-cost consultation to guide you through these calculations and forms.
Please contact me on WhatsApp for further assistance
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