| TOP |
| 5th Report of Market Access Ombudsman Council (March 17, 1998) |
1. Complainant: Tokyo Chamber of Commerce
2. Ministry concerned: Ministry of Health and Welfare
3. Complaint:
When a small quantity of a poisonous substance is to be imported, for a non-registered poisonous substance, it can take up to two months after the application to revise importer registration has been made for approval to be granted.
Based on a premise of clarifying the usage purpose and usage place (company name), registration of small-quantity samples should be simplified by means of a revision application reception counter and import approved.
Approval for samples, etc., should be expedited so that no more than 15 days, at most, are required.
4. Corresponding Policy of the Ministries concerned:
No matter how small the quantity, a poisonous substance is a chemical substance that can cause injury in small quantities. Because establishing a special-case system on the premise of small quantities would go against the logic of the Poisonous Substances Control Law, we are unable to accept this request. The import of poisonous substances that the client would provide to another party for evaluative analysis or public-relations purposes could put the other party or any third party involved in transport, etc., at risk. Thus, the Poisonous Substances Control Law prohibits their handling by anyone other than the registered import brokers. Registration determines whether the relevant import broker can appropriately handle the poisonous substance or not. Using the fact of quantities being small or substances being samples as reasons for giving priority in the registration process could affect other applicants' business and would result in loss of fairness. It is also inappropriate because it would complicate registration work needlessly.
The process from application to registration does not take two months in all cases. We endeavor to have applications processed in order, as quickly as possible, while preserving fairness.
Moreover, the application for revising registration does not require the relevant poisonous substance to have arrived at the airport, etc., or for it to actually be presented; this makes it possible for there to be sufficient time to apply to register the sample for import.
Under the Poisonous Substances Control Law, registration as an importer does not apply to import for the import broker's own analysis, testing, or other private consumption.