Provisional Translation
| OTO No. | 348 | Classification | MITI-93 MHW-178 |
|---|---|---|---|
| Date of Acceptance | February 1, 1988 | Ministry/Agency Receiving Complaint | Economic Planning Agency |
| Responsible Ministries | Ministry of International Trade and Industry Ministry of Health and Welfare |
Related Laws | Explosives Control Law High Presure Gas Safety Law Customs Law Poisonous and Deleterious Substances Control Law |
| Complainant | Japan Trade Association (proxy complaint) | Exporting Countries | USA |
| Subject | Concerning the import of aircraft parts, 1. Exemption from the provisions of the Explosives Control Law for gunpowder and other explosives included in aircraft parts. 2. Simplification of the import procedures for gas in fire extinguishing equipment and gas in floats. 3. Exemption from the inspection requirement for high-pressure gas containers for use aboard aircraft that carry test certification from the country of manufacture. 4. As regards touch up paint and similar items, (1) Handling in accordance with the standards for imports under a certain volume. (2)Simplification of the import procedures for poisonous and deleterious substances. |
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| Details of Measures | 1. It was replied that the product can be excepted from the standards and provisions of the explosives and flammable substances control laws and regulations only if its safety can be confirmed by the Estimate Committee for Safety of Explosive Device (established within the Japan Explosive Safety Association) to perform work entrusted to it by the Ministry of International Trade and Industry. 2. It was further replied that the fire extinguishers and marine float high-pressure-gas tanks are both such as can be detached and taken out of the craft, such that when they are imported as individual items they must be treated as high-pressure-gas tanks and must hence be subject to safety checks under the provisions of the High Pressure Gas Control Law. 3. It was replied that foreign-generated data are accepted for the containers (high-pressure-gas tanks) and that an effort is thereby being made to simplify procedures as by eliminating the need to have the item tested by a Japanese agency. 4. (1) It was replied that it is very difficult to distinguish paints for use on aircraft repairs from other paints for other uses, and that while the Agreement on Trade in Civil Aircraft of GATT does provided for duty-free treatment for civil aviation aircraft-related products it does not include paint in the list of items which are to be accorded such duty-free treatment, and that there is little international precedent for treating paint as an aircraft part. Accordingly, it was replied that it would be difficult to assign this paint a classification number as an aircraft part. (2) On poisonous and deleterious substances, it was replied that everyone involved at every stage of their handling is subject to the strictest regulations to prevent hazards to the public or sanitation, and that there can be no exceptions made to this practice. It was further replied that even if the paint is considered a part under some other laws and regulations, it is still subject to the necessary restrictions under the Poisonous and Deleterious Substances Control Law as long as it falls within that law's definition of poisonous and deleterious substances. |
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| Classification of Processing | 1. Ca 2. D 3. Ca 4. (1)D, (2)D |
Directions | 1. III 2. II-a 3. II-b 4. (1)I-a, (2)II-a |
| Remarks | |||