|
OTO No. |
591 |
Classification |
MITI-250 |
|
|
Date of Acceptance |
March 29, 1999 |
Respective Office
Receiving Complaint |
Cabinet Office (Economic Planning Agency) |
|
|
Responsible Ministries |
Ministry of Economy, Trade and Industry (Ministry
of International Trade and Industry) |
Related Laws |
Explosives
Control Law, |
|
|
Complainant |
Domestic firm |
Exporting Countries |
USA |
|
|
Subject |
Changes in timing for import license
application for model rockets under the Explosives Control Law |
|||
|
Description of Complaint |
(1) When model rocket engines and igniters are imported, an import license must be obtained, according to Article 24 of the Explosives Control Law. Because the law considers the goods to have been imported when they arrive (are unloaded) in Japan, application for an import license must be made before the goods arrive (are unloaded) in Japan. Since the order form for the goods must be attached to the import license application, application must be made after the goods are ordered, but taking into consideration the clerical processing period (7-20 days) between application and granting of import licenses, when the goods are imported from the United States by air cargo, shipping must be delayed so that they arrive after the import license has been obtained. If the goods should arrive before the import license is granted, they must be returned or destroyed. Therefore, the complainant believes that importers should be allowed to apply for an import license for model rockets imported by air cargo after the goods have arrived (been unloaded) in Japan as well. (2)
Under the Explosives Control Law, permits to buy and take possession of
explosives are valid for one year. For explosives for which there is an
import quota or for which import approval is needed, the period for approval
of imports is six months from the date of approval under the Import Trade
Control Law, indicating that this condition poses no threat to the
maintenance of public safety. On the other hand, import permits for
explosives must be obtained each time, regardless of whether the same product
is imported repeatedly. In the case of Chiba Prefecture, such permits are
valid for one month. Since acquisition permits are valid for one year, which
is judged to pose no threat to the maintenance of public safety, the
complainant believes that import permits should be valid for one year or for
six months, if the products and amounts are specified, and that this would
pose no threat to the maintenance of public safety even if imports were made
repeatedly under such permits. |
|||
|
Details of Measures |
1. The ministry replied as follows: (2) The
act of importing differs from transfer, acquisition or consumption within
Japan and constitutes increasing the amount of new explosives present in
Japan; it is accordingly necessary for the government to control importing
more strictly than domestic transactions, from the viewpoint of maintaining
public safety. Thus a permit is required for each import, and notification is
also required after import, in order to reconfirm the shipment that has been
imported. On the other hand, transfer, acquisition or consumption is carried
out predicated on explosives being strictly controlled at the time of import
and permits are issued for a certain length of time. Clerical procedures
relating to import permits are carried out by prefectures, and each
prefecture determines the documents required for examination, length of time
required for examination, and the validity period of the import permit.
Specific complaints should be brought to the attention of the particular
prefectural office involved. 2.
Later, the ministry had consultations with the complainant and considered how
to deal with the matter. As a result, the ministry decided to ensure that
each prefecture was aware of the following interpretations through
notifications of interpretations, administrative notices or bloc meetings: (1)
The validity period of an import permit can be set as a certain period
including a future date scheduled for unloading (ex. one month before and
after the scheduled unloading date), as far as safety is confirmed. (2) A
single import permit application can be submitted for multiple shipment
arrivals. Some notes will be given on such application. Even if such
application is approved, an explosive import notification must be made on
each shipment arrival upon unloading. 3. The
above 2. interpretations were given through the letter titled "Concerning
Interpretations of Article 24 (Import) of the Explosives Control Law" (Notice
No. 1 on November 13, 2000, addressed to each prefectural governor as of
December 5, 2000). |
|||
|
Status of Processing |
Processed (November 1, 2000) |
Classification of Action |
A |
|
|
Remarks |
A written reply was made on April 27, 1999. A written reply was made on June 17, 1999, (to additional questions dated May 11, 1999). A written reply was made on August 2, 1999, (to additional questions dated June 29, 1999). A written reply was made on October 21, 1999, (to additional questions dated September 22, 1999). A written reply was made on February 7, 2000, (to additional questions dated December 24, 1999). The first consultations were held on June 12, 2000. The second consultations were held on August 1, 2000. The third consultations were held on
October 26, 2000. |
|||