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- CUSTOMS CLEARANCE
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- Customs Documentation: While customs procedures have been
- simplified in recent years, a number of documents are still
- required for clearance through customs. These include:
- (1) for import quota items, an import license, usually
- valid for four months from date of issuance; (2) an Import
- Declaration Form (Customs Form C 5030); (3) shipping
- documents such as a commercial invoice, packing list, and
- an original and signed bill of lading, or, if shipped by
- air, an air waybill; (4) a certificate of origin if the
- goods are entitled to favorable duty treatment
- (preferential or GATT rates; in practice, shipments from
- the United States are routinely assessed the GATT or
- "temporary" rates without a certificate or origin); (5) any
- additional documents necessary as proof of compliance with
- relevant Japanese laws and standards regulations. To be
- certain that all required documentation is provided at the
- time your shipment arrives in Japan, consult with your
- agent/importer.
-
- Commercial Invoice: All shipments regardless of value
- require at least two copies of the commercial invoice.
- The invoice must be on shipper's letterhead and signed
- by the shipper or an approved representative. This
- document is used to determine the value of goods being
- imported and should include: the complete name and
- address of the shipper, full description of goods and
- tariff classification, number of units shipped, unit
- price, total price, and country or origin of goods.
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- Packing List: A packing list is recommended and should
- provide the following information: exact description of
- all items in the shipment, the gross and net weight of
- each package, the exterior measurements of each
- package, the total number of shipping containers, and
- gross weight and gross measurement. Units of measure
- must be in metric on both documents and goods.
-
- Bill of Lading: Three signed original bills of lading
- should be sent through banking channels, and at least
- two unsigned copies should be forwarded to the
- consignee. For goods sent by air, a standard set of
- ten (one original and nine copies) should be made
- available.
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- Certificate of Origin: A certificate of origin is
- required only when the goods are to be granted duty
- concessions under GATT or the Generalized System of
- Preferences. Such documents are often authenticated by
- a local chamber of commerce or by a Japanese consular
- or diplomatic official.
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- Import License: Most goods now qualify as "freely
- importable" and do not require an import license. The
- only exception is for those commodities falling under
- import quotas in which case the Japanese importer would
- obtain the license (see section on quotas).
-
- Packing, Marking, and Labeling: Straw packing materials
- are prohibited. The Japanese Measurement Law requires that
- all imported products and shipping documents show metric
- weights and measures. There is no law requiring display of
- the identity of the place of origin. However, if labels
- indicating origin are determined to be false or misleading,
- the labels must be removed or corrected. Otherwise the
- goods will be returned to country of origin. False or
- misleading labels which display the names of countries,
- regions, or flags other than the country of origin, and/or
- names of manufacturers or designers outside the country of
- origin are not permissible.
-
- There are no generic regulations for the marking of
- packages, but certain goods such as food, drugs, cosmetics,
- clothing, and electrical appliances are covered by specific
- regulations outlined, respectively, in the Food Sanitation
- Law, the Pharmaceutical Affairs Law, ordinances of the
- Ministry of Health and Welfare, and the Electrical
- Appliance Control Law. As such regulations apply to
- specific products, it is important to work with a
- prospective agent/importer to ensure your product meets
- requirements.
-
- In general, most labeling laws are not required at the
- customs clearance stage, but at the point of sale.
- Consequently, it is most common for Japanese importers to
- affix a label before or after clearing customs.
-
- Health and Sanitary Requirements -- Inspection
- Certificates: Japanese health and sanitary regulations are
- strictly enforced. All imported plants and soils, animals,
- meat, and viscera of animals must be accompanied by a
- phytosanitary inspection certificate issued by the
- government of the exporting country attesting that such
- shipments are free from infectious materials or diseases.
- Additional information is available from the Animal and
- Plant Health Inspection Service, U.S. Department of
- Agriculture, Hyattsville, MD 20782, (301) 436-8590
- (Veterinary Services) and (301) 436-8537 (Plant Protection
- and Quarantine).
-
- Japan's Food Sanitation Law requires that an Import
- Notification Form must be submitted for all food products
- at the time of import to ensure all standards governing
- foodstuffs have been met. The use of chemicals and other
- additives in foods is severely restricted in Japan. The
- additive regulations follow a "positive list" approach
- which indicates only those additives which are permitted,
- their maximum tolerable amount, and the foods in which the
- additives may be used. Cosmetics are governed by similar
- restrictions covering permissible ingredients. Additional
- information on specific regulations is available through
- the U.S. Department of Agriculture, Office of Food Safety
- and Technical Services at (202) 720-9408, or the U.S.
- Department of Commerce, Japan Export Information Center at
- (202) 377-2425.
-
- Import Quotas: Japan has in effect two quota systems: a
- quantity allocated quota and a tariff quota. The quantity
- allocated quota is applied to imports of some dairy
- products, fish, grain staples, and coal. Import of these
- items requires an Import Quota Certificate issued by the
- Ministry of International Trade and Industry through an
- import notice system granting allocation twice a year. The
- quota certificate is valid for four months. Once the
- certificate is obtained, an application for approval is
- then made to an authorized foreign exchange bank which
- issues the import license.
-
- A tariff quota is in effect for cheese, maize, oats, malt,
- preparations of cocoa without sugar, some tomato products,
- pineapples, some alcohol materials used as base of
- alcoholic beverages, leather, and leather footwear. For
- items subject to an import tariff quota, a lower primary
- duty rate is applied until the quantity exceeds the quota
- threshold at which time a higher duty is assessed. To
- apply for the primary duty rate an importer must obtain a
- quota allocation in advance from the Ministry of
- International Trade and Industry. Current quota volumes
- and duty rates are listed in the yearly publication of the
- Japanese tariff schedule.
-
- Tariffs: According to the Japanese Government, the average
- tariff is now one of the world's lowest at 3.4 percent.
- However, import duties on some agricultural items and
- certain manufactured goods remain relatively high. As part
- of their import incentive program, the Japanese expanded
- the list of duty-free manufactured products in April 1990
- by 1,004 items and reduced the tariff on four more.
- Consequently, almost all machinery imports are now tariff
- free.
-
- Tariffs are administered by the Customs Bureau of the
- Ministry of Finance. Japan is a member of the Harmonized
- System Convention and therefore shares the same
- classification system as the United States up to
- six-digits. Duties are assessed on the c.i.f. value (cost,
- insurance, and freight) at ad valorem or specific rates,
- and in a few instances are charged a combination of both.
-
- Japan's tariff schedule has four columns: general, GATT,
- preferential, and temporary. Goods from the United States
- are charged GATT rates unless a lesser temporary rate has
- been instituted. Japan's preferential system of tariffs
- grants lower or duty-free rates to products imported from
- developing countries.
-
- In addition to the customs duty, a 3 percent consumption
- tax (general excise tax) (6 percent on autos) is levied on
- all goods sold in Japan and payment is required at the time
- of import declaration. The consumption tax is assessed on
- the c.i.f. value of the product plus the import duty.
- Refer to the section on taxation for more information.
-
- Duties and consumption tax are payable when making an
- import declaration at the time of customs clearance by the
- importer. The Import Declaration Form (Customs Form C
- 5030) is filled out by the importing company and is used as
- an import declaration as well as a tax payment declaration
- form.
-
- Sample and Advertising Materials: Japan is a member of the
- International Convention to Facilitate the Importation of
- Commercial Samples and Advertising Materials under the ATA
- Carnet System. Use of a carnet allows goods such as
- commercial and exhibition samples, professional equipment,
- musical instruments, and TV cameras to be carried or sent
- temporarily into a foreign country without paying duties or
- posting bonds. A carnet should be arranged for in advance
- by contacting a local office of the United States Council
- for International Business or the New York office at (212)
- 354-4480. Fees are based on the value of goods to be
- shipped. Processing time takes generally five business
- days.
-
- Advertising materials, including brochures, films, and
- photographs, may enter Japan duty free. A commercial
- invoice for brochures and literature for free distribution
- must have either the actual or estimated value of the cost
- of production. Do not use the term "no charge."
-
- Articles intended for display at trade fairs and similar
- events are also permitted to enter duty free but are
- required to be reexported within one year. A commercial
- invoice for these goods should be marked "no commercial
- value, customs purposes only" and "these goods are for
- exhibition and are to be returned after conclusion of the
- exhibition."
-
- Free Trade Zones and Bonded Areas: Japan has one free
- trade zone at Naha on Okinawa. In addition, there are five
- kinds of bonded areas: designated bonded areas, bonded
- sheds, bonded warehouses, bonded factories, and bonded
- exhibition sites. Goods may be stored in bonded areas for
- up to two years; however, storage fees are high. Duties
- are payable only when the goods are cleared through
- customs.
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