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| 7th Report of Market Access Ombudsman Council (March 18, 2002) |
1. Complainant: Tokyo Chamber of Commerce and Industry
2. Ministry concerned: Ministry of Finance
3. Complaint:
We have returned imported goods due to their inferior quality. It took us a long time to prepare for the procedures to get the customs duty and consumption tax refunded because there are so many complicated papers that must be attached to the application for the refund.
The customs house should fully explain the papers necessary for such procedures and minimize the number of such papers. In particular, the documents certifying that the goods are in violation of the contract should be minimized to only those papers (correspondence) in which the parties concerned recognize the inferior quality.
(Second complaint)
We would like to confirm if "papers (correspondence) in which the parties concerned recognize the inferior quality" falls under the category of "documents certifying that the goods are in violation of the contract."
If they do not, please let us know in specific terms what constitutes "claim settlement documents (including telegrams or telexes in which the exporter has accepted the claim)."
4. Corresponding Policy of the Ministries concerned:
(1) In making an application for the refund of customs duty in the case of exportation or disposal of contract-violating goods, the application must be accompanied by documents certifying that the goods in question are in violation of a contract and the import permit or a certificate issued by the customs house.
In the case where the claim is established, claim settlement documents (including telegrams or telexes in which the exporter has accepted the claim) must be attached to the refund application as "documents certifying contract-violating goods" and in the case where the importer himself proves that the goods are in violation of the contract, analytical documents, test results, inspection certificates issued by authorized inspection organization, or other materials that prove that the goods are in violation of the contract must be attached to the application.
(2) In this way, we are striving to simplify the documents to be attached as much as possible in order not to put too much of a burden on importers. We will continue to explain necessary documents fully to importers and minimize the number of documents required for certifying contract-violating goods.
(Second corresponding policy)
As to the complainant's question whether "papers (correspondence) in which the parties concerned recognize the inferior quality" falls under the category of "documents certifying that the goods are in violation of the contract," we reply that if the document in question is a correspondence in which the parties concerned simply recognize inferior quality, it does not constitute a "claim settlement document."
In order for a "claim settlement document" to be recognized as a "document certifying contract-violating goods," it must contain at least the following items in specific terms:
1) The goods against which the claim has been made are specified.
2) The specific substance of the claim (except when it is clear from other materials)
3) The exporter has acknowledged the contract-violating goods.
4) The exporter has expressed his intention of accepting return (re-export) or disposal.
It would become a more desirable "claim settlement document," if the following items are also included:
5) The person who will bear the costs of the goods and return (disposal) is specified.
6) Signature of the exporter
5. Remarks
The complainant accepted this policy.