Complaint
- Complaint number
- NTB-001-302
- NTB Type
- 2.6. Additional taxes and other charges
- Complaint
-
10% Selected Goods Surcharge (SGS) Imposed by Zambia
Zambia has introduced a 10% Selected Goods Surcharge (SGS) on CIF value, identified only upon reviewing the attached ASYCUDA import entry for Kenya manufacturer Carbacid LTD recent CO₂ shipment. This surcharge was unexpected and has a significant commercial impact on our exports.
CO₂ Is COMESA Originating and Should Not Be Charged discriminatively.
Carbacid LTD food grade CO₂ (HS 281121) is fully COMESA originating, supported by a valid Certificate of Origin for every shipment.
Under COMESA Treaty Article 49(1), Member States must remove existing NTBs and refrain from imposing new restrictions on goods originating from COMESA countries.
The COMESA NTB Regulations (2020) prohibit new discriminatory or trade restrictive measures.
The SGS surcharge therefore constitutes:
• A discriminatory charge
• A trade restrictive NTB
The surcharge raises the Kenya manufacturer landed cost and undermines Kenya’s products competitiveness in Zambia. As CO₂ is essential for soft drink bottling, the measure operates as a protectionist NTB in violation of COMESA obligations.
Zambia to remove the 10% SGS surcharge on COMESA originating CO₂ and restores compliance with COMESA trade rules, ensuring Kenyan goods are not unfairly discriminated against. - Progress update note
-
1.In March 2026, Kenya requested for an urgent interim measure to stop charging the new 10% SGS on Kenyan Co2 to ensure the continued and timely export of CO2 to Zambia required as a raw material by industries.
This surcharge was unexpected and presents a significant commercial impact on our exports. Kenya therefore sought Zambia support to suspend the application of the surcharge on Kenyan shipments and avoid disruptions to trade and ensure business continuity while the matter is being reviewed .
2. In April 2026, Zambia Focal point reported that this was a policy issue that required more time to process. The Ministry had initiated consultations with Zambia Revenue Authority and Ministry of Finance and will provide a comprehensive response as soon as possible.
- Policy or regulatory NTB
- No
- Location
- Zambia: ZAMBIA REVENUE AUTHORITY (Government institution)
- Reporting Country or Region
- Kenya
- Country specific trade issue
- No
- Date of incident
- 2026-02-06
- Status
- In process
- Product Description
-
10% Selected Goods Surcharge (SGS) Imposed by Zambia
Zambia has introduced a 10% Selected Goods Surcharge (SGS) on CIF value, identified only upon reviewing the attached ASYCUDA import entry for Kenya manufacturer Carbacid LTD recent CO₂ shipment. This surcharge was unexpected and has a significant commercial impact on our exports.
CO₂ Is COMESA Originating and Should Not Be Charged discriminatively.
Carbacid LTD food grade CO₂ (HS 281121) is fully COMESA originating, supported by a valid Certificate of Origin for every shipment.
Under COMESA Treaty Article 49(1), Member States must remove existing NTBs and refrain from imposing new restrictions on goods originating from COMESA countries.
The COMESA NTB Regulations (2020) prohibit new discriminatory or trade restrictive measures.
The SGS surcharge therefore constitutes:
• A discriminatory charge
• A trade restrictive NTB
The surcharge raises the Kenya manufacturer landed cost and undermines Kenya’s products competitiveness in Zambia. As CO₂ is essential for soft drink bottling, the measure operates as a protectionist NTB in violation of COMESA obligations.
Zambia to remove the 10% SGS surcharge on COMESA originating CO₂ and restores compliance with COMESA trade rules, ensuring Kenyan goods are not unfairly discriminated against.
- Total value
- 0
- Date reported
- 2026-02-24 16:54
- Modified
- 2026-02-26 16:42
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