OTO No. 673 Classification MHLW-10
Date of Acceptance January 5, 2005 Ministry/Agency Receiving Complaint Cabinet Office
Responsible Ministries Ministry of Agriculture, Forestry and Fisheries Related Laws Pharmaceutical Affairs Law
Complainant Domestic individual Exporting Countries USA
Subject Import procedures for veterinary drugs, etc.
Description of Complaint 1. The complainant engages in the import of veterinary quasi-drugs (medicated shampoo) from the United States. In the import procedure, the complainant has to obtain confirmation from the Ministry of Agriculture, Forestry and Fisheries by filing a "request for import confirmation" and submit the confirmed documents to customs. The complainant has obtained import confirmation for products in question in the past and the products are quasi-drugs that have only mild effect on human bodies. For this reason, the complainant wants the ministry to permit omitting the submission of some documents attached to a "request for import confirmation" (Form Nos. 3, 4 and 7 as stated elsewhere).
2. It takes more than a negligible amount of time before importers obtain actual goods since a "request for import confirmation" is to be submitted to the Ministry of Agriculture, Forestry and Fisheries after veterinary drugs, etc. to be imported arrive at customs. It is possible to confirm the content of import with a copy of an invoice attached to a request for import confirmation, and the complainant wants the ministry to allow submitting a "request for import confirmation" before goods arrive at customs.
3. The complainant requests that the ministry computerize application procedures concerning "request for import confirmation" to simplify and speed up import procedures.
Details of Measures The ministry replied as follows:
1. In accordance with the provision of the Pharmaceutical Affairs Law, it is not necessary to obtain an import and sales license for veterinary quasi-drugs in the case where an individual imports them for personal use. Therefore, import confirmation is conducted at the time of every import for the purpose of confirming that each act of import by an individual is not import for business purposes, based on the purpose of import and import volume.
  Out of a series of documents relating to import confirmation, a written pledge (Form No. 3 as stated elsewhere) is necessary for confirming that import is not for selling or presenting to others, a description of goods (Form No. 4 as stated elsewhere) for confirming the outline of veterinary quasi-drugs to be imported (ingredients, etc. may be changed) and reasons for import, and a schedule for the use of veterinary quasi-drugs, etc. (Form No. 7 as stated elsewhere) for determining whether the import volume is reasonable for personal use.
2. Since there have been many cases where actual packages arrived containing goods that were different from those described in an invoice, the ministry asks importers to submit a request for import confirmation after packages arrive in Japan.
3. The application procedures concerning import confirmation have already been computerized. For details, refer to the electronic application counter on the website of the Ministry of Agriculture, Forestry and Fisheries.
Classification of Processing D Directions II-a
Remarks A written reply was made on January 12, 2005

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