Provisional Translation

OTO No. 520 Classification MAFF-84
Date of Acceptance August 16, 1994 Ministry/Agency Receiving Complaint Economic Planning Agency
Responsible Ministries Ministry of Agriculture, Forestry and Fisheries Related Laws The Pharmaceutical Affairs Law
Complainant Domestic firm Exporting Countries USA
Subject Approval of continuous import of ear tags for identifying livestock
Details of Measures 1. Ear tags are used by piercing (or pressing for extended periods) the auricles of livestock and since they affect the bodily structure of animals as set forth in the Pharmaceutical Affairs Law, they have been handled as veterinary equipment falling under "labeling apparatus."
2. Since veterinary equipment is closely related to health and sanitation of animals, parties importing such equipment as a business must have an import/sales license.
However, when the goods imported are for testing and research, samples, or for private use and there are no problems when they are examined, they may be imported without an import/sales permit if the importer applies for import confirmation.
When goods for testing and research or samples are imported in conjunction with obtaining an import/sales license for veterinary equipment, goods for which no problems are found may be imported repeatedly by applying for import confirmation.
However, in the case of private use, there is no guarantee that the goods will be used exclusively on animals owned by that individual, and since there is no way of preventing impact on the public through use of goods for which permission has not been obtained, import of goods for which no problems are found is permitted once, but repeated imports are not allowed.
3. As described above in 2., even though the complainant intends to use the ear tags in question to keep track of cattle on his own farm, the repeated import of veterinary equipment is considered a business and the complainant was advised that import is not allowed without an import/sales permit.
The complainant was also advised of the laws which are the basis for 3., decision-making standards, the necessary forms for applying for an import/sales permit, the application fee (23,900yen), and the length of time needed for receiving the permit (within three months of application).
Classification of Processing D Directions I-b
III
Remarks

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