Kenyan Anti-Counterfeiting Authority – PUBLIC NOTICE No 1/2023

In December 2022 and in line with its proposed phased approach, the ACA published a list of HS codes for goods which have been categorized under phase one of the implementation process and now require ACA import permit application starting 1^st January 2023. The HS codes published then covered electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles.

On the 4^th April 2023, the ACA published the attached further Public Notice No. 1/2023 setting out additional HS codes with effect from 1^st May 2023.

According to the notice, the affected HS Codes for Phase II implementation are as follows:

1. 32 additional HS Codes for the expansion of the currently regulated Chapter 85, Electrical and Electronics;
2. 22 HS Codes under Chapter 22, Alcoholic Beverages;
3. 27 HS Codes under Chapter 33, Cosmetics;
4. 26 HS Codes under Chapter 64, Footwear;
5. 26 HS Codes under Chapters 42, 43 and 65, Clothing accessories;
6. 213 HS Codes under Chapters 61 and 62, Clothing & Apparel; and
7. 140 HS Codes under Chapter 84, Mechanical & Electrical machinery.

The detailed list of the ACA regulated HS Codes based on the East African Community Customs Union, Common External Tariff, Harmonized Commodity Description and Coding System, version 2022, is available on the ACA website.

In light of this development, all future consignments falling under the selected categories of HS Codes, whose IDF applications are lodged from 1^st May 2023, must be accompanied by the ACA permit (Form ACA 2B) in accordance with the provisions of Section 34B of the Anti-Counterfeit Act and the Anti-Counterfeit Recordation Regulations 2021.

The ACA Import Permit applications and processing of import declarations shall be done on the KenTrade’s Single Window System through tfp.kenyatradenet.go.ke, while recordation of IPRs by brand owners shall be uploaded on the ACA’s AiMS portal through public.aims.aca.go.ke.

View the notice HERE