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(Provisional Translation)

3rd Report of the Market Access Ombudsman Council (March 18, 1996) [Government decision] [Follow-up]

7-(3) Simplification of Import Procedures concerning Generalized System of Preferences Certificate of Origin

1. Complainant: Tokyo Chamber of Commerce and Industry

2. Ministry concerned: Ministry of Finance

3. Background Information:

For preferential tariff to apply, it is necessary for the importer to submit to the Director-General of Customs upon declaring the import a preferences certificate of origin (Form A) that states the cargo is a product from the country to which Japan applies a preferential treatment.

In addition, the cargo must be directly transported to Japan from the preferred country that is the origin of the cargo. However, if the cargo is transported from the preferred country that is the origin through a non-origin country, it is necessary for the importer to submit a document proving that the cargo was merely reloaded or was temporarily warehoused or that it was exhibited in an exposition, exhibition, etc.

4. Complaint:

The complainant claimed that the import procedure concerning generalized system of preferences certificate of origin is too complicated, and raised the following issues.

(1) When a product of a preferred tariff country is imported via a third country, when a Chinese product is imported via Hong Kong, for example, normally the preferences certificate of origin from China, as well as the invoice from the Chinese side exporter and the re-export origin certificate from Hong Kong side are required. This should be changed so that the product can be cleared through customs with only the preference certificate of origin from China.

(2) If the invoice date on the preferential origin certificate and the actual invoice date are different and the correct certificate is not obtained, the product cannot be imported; otherwise it is taxed. Customs clearance based on a simplified examination according to past record should be adopted or the preferences certificate of origin should be abolished.

5. Results of Deliberation:

(1) The ministry concerned claims that it is necessary to submit the invoice of the exporter upon declaring the import, whether or not the import is eligible for preferential tariff.

However, when a product is imported into Japan from the preferential country of origin via a non-origin country, if it is stated in column No. 3 of the preferences certificate of origin issued by the country of origin that the product will be routed via a non-origin country, it is not necessary for the importer to submit a re-export origin certificate issued by a non-origin country. When there is no mention that the product is routed via a non-origin country, the preferential tariff can still be applied if the importer submits a re-loading certificate issued by the customs of the non-origin country.

(2) The ministry concerned claims that even if the invoice number and date provided in column No.10 of the preferences certificate of origin are different from the actual number and date, if the preferences certificate of origin can be confirmed as a valid one, the preferential tariff will be still applied.

(3) Furthermore, the ministry concerned revised the Temporary Tariff Measure Law Enforcement Ordinance (enforced on January 1,1996) so that if a product is approved by the Director-General of Customs as clearly coming from the claimed origin due to its type or shape, the importer need not submit the preferential origin certificate.

The revision of the Temporary Tariff Measure Law enforcement Ordinance is commendable as a concrete step towards simplifying and expediting import procedure. It is necessary for the ministry concerned to continue to simplify and expedite import procedure for users' convenience.


Government decision (March 26, 1996) [Report] [Follow-up]

7-(3) Simplification of Import Procedures concerning Generalized System of Preferences Certificate of Origin

The Temporary Tariff Measure Law Enforcement Ordinance was revised so that if a product is approved by the Director-General of Customs as clearly coming from the claimed origin due to its type or shape, the importer need not submit the preferential origin certificate.
Import procedure will continue to be simplified and expedited for users' convenience.


Follow-up (May 12, 1997) [Report] [Government decision]

7-(3) Simplification of Import Procedures concerning Generalized System of Preferences Certificate of Origin

Regarding cargoes which importers are attempting to import under a preferential tariff, The Temporary Tariff Measures Law Enforcement Ordinance (implemented January 1, 1996) was changed so that when a product is approved by the Director-General of Customs as clearly coming from the claimed country of origin due to its type and shape, the requirement for presentation of a preferential origin certificate was eliminated. Furthermore, import procedures will continue to be simplified and speeded up for users' convenience.