4th Report of the Market Access Ombudsman Council (March 17, 1997)

3-(2) Deregulation of sales restrictions for illegal measurement units

1. Complainant: Tokyo Chamber of Commerce

2. Ministry concerned: Ministry of International Trade and Industry

3. Background:

Article 9 of the Measurement Law (which states that Measuring instruments used for measurements of the quantity of the state of physical phenomena enumerated in Article 2 Paragraph 1 Item 1 and graduated or marked with non-legal measuring units shall not be sold or exposed for sale), forbids the sale, etc. of measuring instruments graduated or marked with non-legal measuring units. This article is based on the principle that measuring instruments are the means by which measurement is established, and regulates all measuring instruments, in order to establish uniformity of measuring units smoothly. As thermometer is a measuring instrument defined in the Law, neither thermometers marked in Fahrenheit degree, which is a non-legal measuring unit, nor thermometers marked in Fahrenheit and Celsius degree which is a legal measuring unit can be used.

Most foreign countries except for the United States, have legal prohibition on the use of units other than international nits (SI) for transaction. Countries like France also regulate the sale, etc. of measuring instruments graduated in non-legal measuring nits.

The sale of some imported products which are not measuring instruments and are marked in Yard-pound system of units, non-legal measuring units is allowed for the time being, on condition that such products must also be graduated in legal measuring units (Article 5 of the Addendum to the law). This treatment was newly permitted, taking into account the increase of imported goods and to the extent that it can be regarded as permissible in the light of the intent and objectives of the Measurement Law, when the Measurement Law was revised in 1992.

4. Complaint:

The following complaint has been made regarding the sale of the product with a measuring instrument marked in non-legal measuring units.

The product in question is a globe of the world whose base a thermometer is fixed to. However as the thermometer is marked in both Celsius and Fahrenheit degrees, it cannot be sold in Japan. Article 9 of the Measurement Law prohibits the sale of products marked in Fahrenheit for temperature, inches and feet for lengths, pounds for weight, cubic feet for volume and square feet for area. Although the sale of a thermometer marked in Fahrenheit only is a problem, the complainant believes that there is no need to ban the sale of a thermometer which is marked in both Fahrenheit and Celsius.

5. Results of deliberation:

The concerned ministry has decided to exempt the product in question in this complaint, a globe of the world with a thermometer marked in both Celsius and Fahrenheit degree in its base from the regulation of sale of the Measurement Law (the decision had already been noticed on February 10, 1997 to prefectural weights and measures offices). Although the intent of the law is to regulate measuring instruments used for transaction or certification, or for making proper measurements, the thermometer in question is a "decorative article" on a globe of the world used for study or interior decoration purposes, and is interpreted as not being subject to restrictions on sale or etc. of the Law. This interpretation is appreciated as a resolution with a positive approach in the light of flexible and pragmatic application of the Law.

However, as no one can deny the possibility that similar problems could occur again in the future, and in order to facilitate the sale of foreign products, this resolution should not be confined to the issue at hand. The concerned ministry should be addressed to consider the following activities:

(1) The ministry concerned should continue efforts to standardize measurement units with SI international units in order to further promote trade by means of harmonizing with International standards. However, taking into consideration the progress of other countries including the United States which is the largest trade partner for Japan in standardizing their measurement units with SI units, the rigid application of the Measurement Law is not very needed in the light of the law's real intent like this case. Accordingly, the Measurement Law should be applied flexibly to avoid any negative import activities and consumer purchases.

(2) If the law is applied flexibly, this should be publicized in a timely fashion, and local officials, including weights and measures officials at the prefectural level, should be well informed. Once a certain amount of experience in application is acquired, the matter of whether this comes under the sales restriction of the Measurement Law will be studied when the study of establishing yardstick to avoid any negative impact on import activities and consumer purchases is undertaken. If such yardstick are adopted, this should be publicized in a timely fashion and all officials, including weights and measures officials at the prefectural level, should be informed.

Government decision (March 25,1997)

3-(2) Deregulation of sales restrictions for illegal measurement units

(1) The ministry concerned will continue efforts to standardize measurement units with SI international units, and given that other countries are standardizing their measurement units with SI units, the Measurement Law will be applied flexibly to avoid any negative impact on import activities and consumer purchases.

(2) If the law is applied flexibly, this will be publicized in a timely fashion, and local officials, including weights and measures officials at the prefectural level, will be well informed. Once a certain amount of experience in application is acquired, the matter of whether this comes under the sales restrictions of the Measurement Law will be studied when the study of establishing standards to avoid any negative impact on import activities and consumer purchases is undertaken. If such standards are adopted, this will be publicized in a timely fashion and all officials, including weights and measures officials at the prefectural level, will be informed.