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(Provisional Translation)

Policy Actions on Market Opening Measures as concerns Standards, Certification and others (May 27, 1993)

May 27, 1993
Office of Market Access

The Office of Trade and Investment Ombudsman (OTO), in Accordance with; "the 2nd Annual Report of the Japan-U.S. Structural Impediments Initiative (July 30, 1992)" and "the Comprehensive Economic Measures (August 28, 1992; Ministerial Conference for Economic Measures); decided on September 21, 1992, the "Consideration on Market Opening Measures as concerns Standards, Certification and others."

Based on the above decision, the actions listed below shall be implemented in consideration of the maximum extent of the "Opinions on the Market Opening Measures as concerns Standards, Certification and others" (the report of the OTO Advisory Council, April 12, 1993). It is hoped that these actions will facilitate the further improvement of market access.

1. Food, Sanitation, Pharmaceuticals

(1) Regarding the date-marking system, we will facilitate studies and get an early conclusion so that foodstuffs indicate the best before date instead of the manufacturing date.

(2) The assignment of customs tariff numbers is based on the imported food classification standards. In order to clarify these standards, more classification examples need to be released.

(3) With regard to imported food, all quarantine offices will be instructed to test identical products uniformly.

(4) The Japan Waterworks Association should examine the safety of major foreign specifications; and once safety has been verified, it should review its approval standards and introduce a system for conducting tests in overseas factories.

(5) With regard to the technical director necessary for cosmetic importers, the ministry or agency concerned and the claimant will study whether the specific chief technician candidates meet the qualification requirements.

(6) The process of obtaining examination certificates for imports of medical equipment samples will be simplified.

2. Industry, transportation, construction

(1) The High Pressure Gas Safety Institute of Japan will establish a channel for handling inquires from foreign companies, and the procedures related to the High Pressure Gas Control Law will be simplified.

(2) In view of the progress made by the international division of labor within developing countries, the current standard for certifying country of origin for articles of apparel will be reviewed by taking into consideration how this works within the special treatment tariff system as a whole and the conditions of the domestic industry.

(3) The Japan Gas Appliances Inspection Association (JIA) should promote a reciprocal certification system among countries concerned and implement a system to honor test results of foreign inspection organizations if specific technical requirements are met in order to lessen the burden imposed by inspection.

(4) Although the standard processing period for motor vehicle type approval examinations might be shorter than that in other countries, it is necessary to conduct the examinations as quickly as possible, bearing the importers' interests in mind.

(5) Once the claimants develop a detailed concept for motor homes, the ministry or agency concerned will discuss with them the necessary facilities and supervision, making it possible to designate locations not in the vicinity of owners' homes as storage spaces for motor homes.

(6) The claimant and the ministry or agency concerned should hold technical-level meetings of experts to resolve the problems with airworthiness certificate inspections and radio equipment inspections for aircraft and helicopters as soon as possible.

(7) Specifications for alkaline storage batteries under the "Common Specifications for Construction of Electrical Equipment" should be clarified and the ministry or agency concerned should review JIS standards and continue working to achieve harmonization between JIS and IEC standards.

3. Import Procedures

(1) The ministry or agency concerned should immediately review actual customs processing conditions during contingent office hours. They should also revise current handling procedures based on the outcome of the review.

(2) The claimant and the NACCS Center should hold full consultations to improve the service to those who have paid customs duties using SEA-NACCS.

(3) With regard to regulations requiring the presentation of an original certificate of origin in examinations for preferential tariffs, extensions for providing a certificate of origin should be allowed under certain conditions in the case of items not under limit controls.

(4) In the case of items being re-imported after free repairs, the ministry or agency concerned should reconfirm that the applicant should be required to present only essential documents.

(5) When exporting defective products to be returned to the manufacturer, copies of the parameter sheets should be considered acceptable under certain conditions.

(6) With regard to the "Trade Relation and Non-trade Payment Report" and the "Report on payment for invisible foreign trade", the ministry or agency concerned should examine the type of format that would not put a burden on the person making the report.

(7) With regard duty-free imports under the Temporary Tariff Measures Law, in the case where the relationship between the importer and the actual user can be verified easily, no letter of proxy will be required.

(8) The ministry or agency concerned should reconfirm that the applicant should be required to present only essential documents in cases of valuation declarations for consumption tax on imports from related parties.

(9) With regard to the current systems for feed grains, it is necessary for the ministry or agency concerned to continue discussions with the claimant, together with private sector parties, in order to share a common understanding of the issue.

4. Others

(1) In order to lower the income tax rate on dividends paid by subsidiaries to their parent companies, bilateral tax treaties should be concluded or revised based on the principle of reciprocity.

(2) Restrictions on Gaikokuho-Jimu-Bengoshi (G. J. B) practicing in Japan should be examined by the "Study Committee on Foreign Lawyers Issue" and a logical conclusion acceptable to the international community should be reached as soon as possible.

Progress reports on the above actions will occasionally be prepared by the Secretariat. They will subsequently be reported to the OTO Advisory Council.