Other Laws and Regulations to Check When Importing into Japan

Overview

Other laws and related regulations to check when importing into Japan are requirements that cannot be completed only through ordinary customs declaration. Depending on the goods, importers may need to confirm permits, notifications, inspections, labeling rules, safety standards, sales restrictions or other regulatory requirements.

In import practice, checking only the tariff rate or HS code may not be enough. Food, tableware, plant products, animal-origin products, pharmaceuticals, cosmetics, medical devices, electrical goods, dangerous goods, chemicals and goods involving intellectual property may require additional checks before or after customs clearance.

For forwarders, the role is usually not to make final legal or technical judgments. The practical role is to identify possible regulatory issues early, ask the importer for necessary information, and prevent customs clearance from stopping after the cargo has arrived in Japan.

Customs Clearance and Other Regulatory Checks

Customs clearance mainly concerns import declaration, customs duty, consumption tax, HS code, customs value and import permission.

Other regulatory checks concern whether the goods may be imported, whether notification or approval is required, whether inspection is necessary, and whether labeling or safety standards must be satisfied for domestic sale or use.

In other words, even if the customs declaration itself is accurate, import clearance or domestic sale may still be delayed if the required non-customs checks have not been completed.

Food, Tableware and Food-Contact Products

Food, beverages, food additives, tableware, cooking utensils and food-contact containers or packaging may require checks under Japan’s food sanitation rules.

When goods are imported for commercial sale or business use, the importer may need to handle food import notification, ingredient confirmation, material confirmation, manufacturing process information, test reports or past import records.

For forwarders, the important question is not only whether the goods are food. It is also necessary to consider whether the goods come into contact with food, whether they may be used by infants, whether they are samples or commercial goods, and whether they are for personal use or business import.

Plant Quarantine and Animal Quarantine

Plants, seeds, timber, soil-attached goods, straw, animal-origin products and livestock-related goods may require plant quarantine or animal quarantine checks.

Even if the importer considers the goods to be ordinary products or raw materials, they may require phytosanitary certificates, animal quarantine certificates, export-country certificates, prior applications or other supporting documents.

Particular care is needed for wooden packaging, natural materials, dried plants and products containing animal-origin ingredients. If these points are not checked before arrival, the cargo may stop at the port or airport.

Wooden packaging materials also require special attention. Pallets, crates, dunnage and other wood packaging may need to comply with ISPM 15 treatment and marking requirements at the export side before shipment, because this issue cannot usually be fixed easily after the cargo has arrived in Japan.

PMD Act, Cosmetics and Medical Devices

Pharmaceuticals, quasi-drugs, cosmetics, medical devices and in-vitro diagnostics may require checks under Japan’s PMD Act.

An importer may describe the goods as general merchandise, beauty products or wellness products. However, their regulatory treatment may depend on ingredients, intended use, product shape, labeling, advertising expressions and how the goods are sold in Japan.

Forwarders should not judge only from the product name. They should check the intended use, sales method, label, advertising wording, ingredient list and importer’s business model, and encourage the importer to obtain specialist confirmation where necessary.

Product Safety and Recall-Related Issues

Electrical products, gas appliances, consumer products, infant products and household goods may require product safety or labeling checks.

Issues such as PSE marking, PSC marking, household goods quality labeling, accident reporting and recall response often become important after customs clearance, at the domestic sale stage.

Even if import customs clearance is completed, the goods may not be ready for sale if the required labels, safety standards or domestic compliance requirements have not been satisfied. This may lead to sales suspension, recall, rejection by business customers or additional testing.

Intellectual Property and Counterfeit Goods

Goods involving trademarks, copyrights, design rights or patent rights may become an issue at Customs if they are suspected of infringing intellectual property rights.

Brand goods, character goods, logo-marked products, parallel imports, OEM products and promotional goods may require confirmation of whether the goods are genuine, whether the rights holder has authorized the transaction, and whether the commercial route can be explained.

Forwarders are not usually in a position to make final intellectual property judgments. However, where goods clearly show brand marks, the price appears unusual, or the importer cannot explain the rights relationship, the forwarder should encourage early confirmation.

Import-Prohibited and Restricted Goods

Some goods may be prohibited or heavily restricted from import under Japanese law. These may include certain weapons, narcotics, counterfeit currency, obscene materials, goods infringing intellectual property rights and other legally restricted items.

Forwarders do not need to make final legal judgments on every prohibited item. However, if the cargo description, product image, end use or commercial background suggests a possible import prohibition or restriction, the issue should be escalated before shipment or before customs declaration.

Dangerous Goods and Chemicals

Chemicals, paints, adhesives, sprays, batteries, lithium batteries, cleaning agents and reagents may require checks under transport dangerous goods rules and domestic laws.

Depending on the nature of the goods, relevant points may include SDS, UN number, packing group, IMDG Code, IATA Dangerous Goods Regulations, GHS labeling, Fire Service Act, poisonous and deleterious substances rules, high-pressure gas rules and other chemical control requirements.

Even if the importer regards the goods as ordinary products, they may be dangerous goods for transport purposes. Forwarders should check not only the product name but also ingredients, form, capacity, packaging and whether an SDS is available.

EPA, FTA and Rules of Origin

When using an EPA or FTA, the importer may need to confirm rules of origin, certificate of origin, self-certification, consignment criteria and direct shipment requirements.

The issue is not only the tariff rate. The content of the certificate, transport route, whether a third country is involved, and consistency between shipping documents and origin documents may also become important.

In forwarding practice, it is important to confirm whether the importer intends to use preferential tariff treatment, whether the required documents are available, and whether the invoice, B/L and origin documents are consistent.

Practical Points to Check Before Customs Clearance

Before arranging import customs clearance into Japan, the following points should be checked:

• whether the goods are food, tableware, food-contact products or cooking utensils;
• whether the goods contain plants, timber, seeds, soil, straw or animal-origin ingredients;
• whether wooden packaging materials such as pallets, crates or dunnage require ISPM 15 treatment and marking;
• whether the goods may fall under pharmaceuticals, cosmetics, medical devices or hygiene products;
• whether the goods are electrical products, gas appliances, infant products or regulated consumer products;
• whether brand names, logos, characters or designs are involved;
• whether the goods may be prohibited, restricted or subject to special import control;
• whether the goods may be dangerous goods, chemicals, lithium batteries or spray products;
• whether SDS, ingredient lists, specifications, catalogues or photos are available;
• whether the importer can explain commercial sale, sample use or personal use;
• whether EPA or certificate of origin treatment is expected.

Points Forwarders Should Be Careful About

Forwarders do not need to complete every regulatory judgment by themselves.

However, if the cargo description suggests that confirmation may be required and the forwarder proceeds without raising the issue, the shipment may later face customs delay, storage charges, inspection costs, return shipment, disposal, delivery delay or claims from the importer.

Particular care is needed for first-time imports, new products, goods with unclear ingredients, products purchased through overseas e-commerce, products treated casually as general merchandise, brand-marked goods, chemicals and food-contact products.

Information to Ask the Importer

Forwarders should ask the importer to provide or confirm the following information where relevant:

• intended use of the product;
• ingredients, materials and structure;
• whether the goods are for sale, sample use or personal use;
• domestic labeling and advertising expressions;
• manufacturer documents, catalogues, photos and specifications;
• whether SDS or test reports are available;
• relationship with brand or rights holder;
• whether the goods may fall under prohibited or restricted import items;
• past import record of the same goods;
• whether the importer has checked with the relevant authority or specialist.

Practical Notes for Shipments to Japan

Confirmation of other laws and related regulations may be too late if it starts only after the cargo arrives in Japan.

If required documents are missing after arrival, customs clearance may stop, and storage charges or inspection costs may arise. In some cases, the importer may need to consider return shipment or disposal if the goods cannot be cleared or sold in Japan.

For this reason, import forwarders should check at the quotation stage, booking stage and document receipt stage whether the cargo may be subject to food sanitation, quarantine, PMD Act, product safety, intellectual property, prohibited or restricted goods rules, dangerous goods, chemical regulations or origin rules.

For overseas shippers and origin-side forwarders, the practical lesson is simple: product information should be prepared before shipment, not after the Japanese-side customs broker asks for it at the last minute.

Key Takeaway

Other laws and related regulations are separate from ordinary customs declaration. They depend on the nature, use, ingredients, sales method and labeling of the goods.

Even if the importer overlooks these issues, forwarders can reduce the risk of customs delay, storage charges, return shipment, disposal or sales suspension by encouraging early confirmation.

In import practice for Japan, it is important to look beyond customs duty and HS code. Food, quarantine, ISPM 15 wooden packaging, PMD Act, product safety, intellectual property, prohibited or restricted goods, dangerous goods, chemicals and origin rules should be checked across the whole import flow.