Provisional Translation

OTO No. 666 Classification METI-(5)
Date of Acceptance August 4, 2003 Ministry/Agency Receiving Complaint Cabinet Office
Responsible Ministries Ministry of Economy, Trade and Industry Related Laws Explosives Control Law
Complainant Domestic firm Exporting Countries USA
Subject Deregulation for permission to apply jet engines for model rockets to model rocket automobiles
Description of Complaint The complainant wants to import "model rocket automobiles that run on the ground (equipped with a jet engine using 5 grams or less gunpowder and an ignition device used for it)" that are going to be newly sold in the United States, but it is impossible to import and sell them as toys due to the Explosives Control Law.
Jet engines using 5 grams or less gunpowder and ignition devices used for them are stipulated in Article 1-5, Items (vii) and (viii) of the Enforcement Regulations of the Explosives Control Law, and it is possible to import them as toy fireworks if they fulfill requirements stipulated in the Ministry of International Trade and Industry Notification No. 578. However, one of the requirements stipulated in the notification limits the use of gunpowder to the "launch" of a model rocket, and does not allow use of gunpowder as power for a model rocket automobile that "runs on the ground." In addition, there are no provisions corresponding to this case under the regulations.
Therefore, the complainant wants the Ministry of Economy, Trade and Industry to take some sort of measures, such as adding provisions concerning model automobiles to the Ministry of International Trade and Industry Notification No. 578 of 1995, in order to make it possible to advertise and sell model rocket automobiles equipped with a jet engine for model rockets and an ignition device as toys in Japan.
Details of Measures 1. The ministry replied as follows:
(1) Under the Explosives Control Law, it is possible to import initiating devices using explosives by permission of the prefectural governor.
(2) Highly-safe initiating devices using explosives, such as those using a very small amount of gunpowder, are designated as toy fireworks, and they can be sold and bought without any restrictions.
For "model rocket automobiles that run on the ground (equipped with a jet engine using 5 grams or less gunpowder and an ignition device used for it)" mentioned in the complaint, they have not been designated as toy fireworks since necessary safety confirmation has not yet been made on them. Meanwhile, the ministry recommends that the complainant consult the All Japan Association for Security of Explosives, which has expert knowledge, about safety confirmation and other matters.
2. The ministry received a notification as follows from the complainant: During consultation with the All Japan Association for Security of Explosives and the Ministry of Economy, Trade and Industry, the complainant received an explanation that the Evaluation Criteria for Toy Fireworks are now in preparation, and thus, it would like to file again an application for designation as toy fireworks after the Evaluation Criteria are completed. The case was thus closed.
Classification of Processing Processed
(October 17, 2003)
Directions I-a
Remarks A written reply was made on September 5, 2003.

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