Kenyan exporters who shipped goods to the US during the lapse of the African Growth and Opportunity Act (Agoa) may qualify for tariff refunds, offering relief after months of uncertainty.

The conditional arrangement means traders who exported to the US despite the expiry of Agoa between September 2025 and February 2026 may be reimbursed for the higher taxes levied.

Agoa has since been extended by one year after President Donald Trump signed into law a bill passed by the US Congress on February 3, 2026. It covers goods that entered the US from 30 September 2025 through 2 February 2026.

This retroactive provision allows for the refund of tariffs paid by importers on eligible goods during the lapse. However, it is not automatic and requires a formal, manual application process.

The move comes as Kenya’s Trade Cabinet Secretary Lee Kinyanjui visits Washington to launch talks on a new bilateral trade deal with the US, which could extend trading arrangements beyond December 2026.“Following the renewal of Agoa, it is important that we have certainty beyond December 2025. The US granted us an extension to December 2026,” said Jas Bedi, Chairman of the Kenya Private Sector Alliance (Kepsa) and Vice-Chairman of the East African Business Council (EABC).“The duty will be refunded, and that is clear — a good gesture for manufacturers.”Under US law, importers must file a retroactive duty refund request with US Customs and Border Protection (CBP) within 180 days of 3 February 2026, meaning by 2 August 2026.

While the law mandates refunds, the process requires importers to provide documentation to locate or reconstruct entries. The US government is expected to process refunds within 90 days.

The decision could be a reprieve for Kenyan exporters. Kenya is seeking greater certainty for its exports to the US through a trade deal, which has failed to materialise under both Trump’s first term and his successor Joe Biden.“Kenya will hold bilateral talks with the US from Monday through Thursday. Thereafter, there will be one or two meetings to firm up deliberations,” said Kinyanjui. While Trump has expressed interest in business with African countries, he has preferred bilateral talks over bloc-wide agreements — a departure from his predecessors.

Kenya exported goods worth $737 million to the US in 2024.

Reciprocal tariffsTalks were held in August last year to safeguard market access, aiming to conclude a process that began in 2020 during Trump’s first term.“The reciprocal tariff was overturned by the Supreme Court three days ago. We are also lobbying for the removal of tariffs levied by President Trump (10 percent), which the US Supreme Court has now struck down,” said Bedi.

Trump’s reciprocal tariffs — including a 10 percent baseline duty on imports from countries such as Kenya, Ethiopia, Morocco, and Egypt — are now invalid after the US Supreme Court delivered a landmark ruling striking down more than $200 billion in Trump-era tariffs.

The decision offers renewed hope to African countries whose exports were severely impacted by unilateral tariffs imposed under the International Emergency Economic Powers Act (IEEPA) following Trump’s return to the White House.

The ruling implies businesses will likely seek refunds of roughly $175 billion paid, reshaping prices, refunds, and the global economic outlook.

The move spares Kenyan exporters, particularly those in Export Processing Zones (EPZs), from potential tariffs of up to 42 percent. Consumers who paid higher prices passed on to them will not receive refunds.

For Kenyan exporters, the ruling provides meaningful relief, especially for textile, apparel, and garment producers. These measures had strained supply chains, squeezed margins, and introduced significant uncertainty across the continent.

Trump responded by signing an executive order imposing a 10 percent global tax lasting 150 days under a different law. On February 21, he raised the tariff to 15 percent, creating further uncertainty in international trade.

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