Marine products (Import Quota Items)
- Document symbol
- G/LIC/N/3/JPN/22
- Original language
- English
- Published on
- 04/09/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The Minister of Economy, Trade and Industry (hereinafter referred to as "METI") shall designate and publish a list of items of goods for which allocations of import quota are required in accordance with Article 3 of the Import Trade Control Order. Importers of the items set out in the list shall be approved by the METI to import them according to Article 4 of the Order. Import approvals and quotas are not granted unless applied for in accordance with Article 9 of the Import Trade Control Order. The list of import quota items shall be made public by the METI in the Official Gazette, the Official Bulletin of Economy, Trade and Industry and the International Trade Bulletin.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Approvals are required for the following marine products ("ex" indicates that only a part of the heading is covered).
| HS No. | Description of Goods |
|---|---|
| ex 03.01 ex 03.02 ex 03.03 ex 03.04 ex 03.05 ex 03.09 | Herring, Cod, Yellowtail, Mackerel, Sardine, Horse mackerel, Saury, roes of Cod and Niboshi (small boiled and dried fish for seasoning), live, fresh, chilled, frozen, dried, salted or in brine Flours and meals of Herring, Cod, Yellowtail, Mackerel, Sardine, Horse mackerel and Saury |
| ex 03.07 ex 03.09 | Scallops, adductors of shellfish, cuttlefish and squid (excluding "Mongo-ika") Flours of Scallops, adductors of shellfish, cuttlefish and squid (excluding "Mongo-ika") |
| ex 12.12 ex 20.01 ex 20.08 ex 21.03 | Edible seaweeds and its food preparations |
Q3. The system applies to goods originating in and coming from which countries?
In principle, the approval system applies to the products originating or shipped in all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
In principle, import of the products listed in 2 above shall be restricted quantitatively.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The approval system is a statutory requirement of Article 4.1.(1) and Article 9.1 of the Import Trade Control Order. The list of controlled items shall be published as an Import Notice in the Official Gazette. It is possible for the Government to abolish the system without legislative approval. (Within the Government, consent shall be required from the Minister of Agriculture, Forestry and Fisheries (hereinafter referred to as "MAFF") who has jurisdiction for these products.)
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
In principle, the approval system applies to the products originating or shipped in all countries.
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
The information about the application for import quota allocation shall be published in the Official Bulletin of Economy, Trade and Industry and the International Trade Bulletin. The total amount of import quota shall be published in the Official Bulletin of Economy, Trade and Industry and others. Import quota items are classified as follows:
| Items | Originating country |
|---|---|
| - Herring, Cod, Yellowtail, Mackerel, Sardines, Horse mackerel, Sauries, roes of Cod and Niboshi (small boiled and dried fish for seasoning), live, fresh, chilled, frozen, dried, salted or in brine Flours and meals of Herring, Cod, Yellowtail, Mackerel, Sardine, Horse mackerel and Saury | All countries (country of demand to export) |
| - Scallops, adductors of shellfish, cuttle-fish and squid (excluding "Mongo-ika") Flours of Scallops, adductors of shellfish, cuttlefish and squid (excluding "Mongo-ika") | All countries (country of demand to export) |
| - Edible seaweeds and its food preparations | All countries (country of demand to export) |
An application for import licensing is not necessary in such cases where the value of a cargo should be estimated below Yen 180,000 and should be of no-commercial value. In these cases, a declaration shall be sent to customs, and a confirmation shall be received from the customs bureau.
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
The size of quota shall be determined, taking into account the balance of domestic supply and demand. When the METI designates the size of quota, it shall first obtain consent from the MAFF, who has jurisdiction for the product. The scale of import quota is determined on a one-year basis, based on the forecast of domestic supply and demand. A certificate of import approval is issued for each application made by importers.
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
The certificate of import approval is issued to importers such as traders. Importers shall submit an application for a certificate of import approval to the METI. Then importers can import the goods concerned after submitting the import approval to the customs bureau. Actual importation corresponding to the import quota is confirmed by the report of importation, which importers submit to the METI. Importers are requested to submit such reports according to the application procedure of import quota. Unused allocations, in principle, are not added to quotas for a succeeding period as the allocation is determined based on the forecast of domestic supply and demand. However, as an exception, it shall be allowed to add to quota of the succeeding period only on condition that an importer has no responsibility for the cause of unused allocations or that prohibition from the exporter's side leads to unused allocations, etc.
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Publication of the information concerning procedures shall take place at least 21 days prior to the first day of accepting applications.
Q6.V. What are the minimum and maximum lengths of time for processing applications?
After receipt of an application for import quota and approval, the METI shall process the application within four weeks.
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
An application for an import quota and approval shall be made prior to the import declaration. After issuance of the certificate of import approval issued by the METI, it would be possible for an importer to declare an import anytime, even on the very day of the issuance of the certificate of import approval.
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Consideration of an import quota and approval application shall be carried out only by the METI.
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
The level of the import quota is determined so that the necessary amount of goods will be imported. However, in the case where the level of import quota is smaller than the total quantity applied for by importers, the capability of an importer is mainly taken into account, specifically, the importer's experience of obtaining an import quota and importing goods, based on certificate of import quota. For new importers, a certain portion of import quota is available to allocate on a "first-come first-served" basis. Applications for an import quota and approval are examined on receipt.
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Q7.b. Can a licence be granted immediately on request?
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
No application shall be refused if the standard criteria (e.g. the period of application, the eligibility of application, the documentation for application) comply with the procedures.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
Qualification for application for a certificate of import approval is described on the application form. In principle, importers who are qualified for application should meet any of the following three cases:
(1) An importer who has experience of obtaining the certificate of import quota and of importing goods based on the certificate of import approval;
(2) An importer who is ordered to get materials by associations of seafood processors, which are admitted by Fisheries Agency, to obtain materials to be processed by the processors;
(3) An importer who has experience of importing foods listed in Sections 1 to 4 of the Customs Tariff Schedule and intends to import items subject to import quota with a definite plan.
There is no system of registration of persons or firms permitted to engage in importation.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
An application for import quota allocation and approval should be submitted to the METI. Another requirement is a certificate demonstrating that an applicant meets the application criteria.
Q11. What documents are required upon actual importation?
A current certificate of import approval by the METI is required upon actual importation.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no licensing fee or administrative charge for a permit.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No deposit or advance payment is required in connection with the issuance of permits.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The validity term of a certificate of import approval, issued by the METI is one year. In the case of an application of an extension for certificates of import approval, the METI may receive the application. An applicant has to approach customs bureau in the case of an application for extension of less than two months in total validity, and in the case of more than two months, in total to the METI.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
A penalty for an importer who has not utilized all or a portion of a licence is as follows:
In cases where an allocation is made for importers who import these products on their own initiatives, or on a first-come, first-served basis, allocation will not be made in the following year for such an importer who has utilized less than 80 per cent of the allocated quota without any justifiable reason.
In cases where an allocation is made for importers who import these products on behalf of users, application for quota in the following year will be limited to the level of actual import performance for such an importer who has utilized less than 80% of the allocated quota without any justifiable reason.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences may not be transferred.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
In principle, there are no other conditions attached to the issue of a licence
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative procedures required prior to importation.
Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?
There are no foreign exchange controls.