| OTO No. | 618 | Classification | MOF-112 | |
|---|---|---|---|---|
| Date of Acceptance | October 31, 2000 | Ministry/Agency Receiving Complaint | Cabinet Office (Economic Planning Agency) | |
| Responsible Ministries | Ministry of Finance | Related Laws | Customs Law | |
| Complainant | Osaka Chamber of Commerce and Industry (Proxy complaint) | Exporting Countries | |
|
| Subject | Treatment of replies under the prior instruction system and simplification of written preliminary inquiries | |||
| Description of Complaint |
The complainant uses the prior instruction system where importers make preliminary inquiries on tax numbers and rates for imported cargoes and receive replies. Verbal replies or instructions, given at an inspector's office of the customhouse, are treated just as reference information at the time of customs examinations. However, Verbal replies given on presentation of samples or drawings should have the same effect as written replies. In case of written inquiries, the specification of manufacturing method is required; however, the requirement should be eliminated on submission of samples, drawings or pictures if the manufacturing method is unknown. |
|||
| Details of Measures |
The ministry replied as follows: (1) Under the prior instruction system of the customhouses, written replies, if attached to import approval applications, are respected on customs examination. In contrast, verbal replies are made as reference to verbal inquiries. (2) The complainant says, "Verbal replies given on presentation of samples or drawings should have the same effect as written replies." In the case of verbal replies, however, inquirers have no information on goods subject to inquiries and the replies, which can be submitted at the time of customs clearance. Therefore, we believe that it is physically difficult to give verbal replies the same effect as written replies. (3) The complainant says, " In the case of written inquiries, the specification of manufacturing method is required; however, the requirement should be eliminated on submission of samples, drawings or pictures if the manufacturing method is unknown." Information required for classification of goods changes depending on types of products. In the case of written inquiries, the specification of manufacturing methods is not necessary if the goods in question can be classified based on samples, drawings or pictures submitted. If manufacturing methods are required for classification, however, the requirement of specification of manufacturing methods cannot be eliminated only for the reason that the methods are unknown. |
|||
| Classification of Processing | D | Directions | II-a | |
| Remarks | A written reply was made on November 14, 2000. | |||