Other Laws and Related Regulations to Check at Import

Other laws and related regulations to check at import are regulatory requirements that may apply in addition to customs declaration. They may involve permits, approvals, notifications, inspections, labeling, safety standards, sales restrictions or documentation requirements depending on the imported goods.

In import practice, checking only the HS code, customs duty rate and import declaration is not always enough. Food, plants, animal-origin products, pharmaceuticals, cosmetics, medical devices, electrical products, dangerous goods, chemicals and intellectual property-related goods may require separate checks before or after customs clearance.

For forwarders, the important role is not to make final legal judgments on every regulation. The practical role is to identify possible issues early, ask the importer the right questions, and reduce the risk of cargo being stopped at customs, quarantine, CFS, warehouse or the domestic sales stage.

What This Article Explains

• The difference between customs procedures and other regulatory checks
• Key points for food, quarantine, PMD Act, product safety, dangerous goods and chemical products
• Questions forwarders should ask importers before shipment
• Common reasons cargo is stopped before or after customs clearance
• Practical risks when other laws and related regulations are overlooked

Customs Procedures and Other Regulatory Checks

Customs procedures mainly concern import declaration, customs duty, consumption tax, HS code, customs value and import permission.

Other regulatory checks ask different questions. Can the product be imported? Is a permit or notification required? Is inspection necessary? Does the product need Japanese labeling or safety confirmation before domestic sale?

This means that even if the customs declaration itself is correct, the cargo may still be delayed or stopped if other laws and related regulations have not been checked.

In practice, customs clearance and lawful domestic sale are often separate issues. A product may be importable as cargo but still require labeling, product safety confirmation or sales-related checks before it can be sold in Japan.

Food, Tableware and Food-Contact Products

Food, beverages, food additives, tableware, kitchen utensils and food-contact containers or packaging may require confirmation under the Food Sanitation Act.

When the importer imports goods for sale or business use, food import notification, ingredients, materials, manufacturing process, test reports and past import history may become important.

Forwarders should not check only whether the product is “food.” They should also ask whether the item comes into contact with food, whether infants may put it in their mouth, whether it is a sample or a commercial product, and whether it is for personal use or business import.

Plant Protection and Animal Quarantine

Plants, seeds, wood, goods with soil, straw, animal-origin products and livestock products may require plant protection or animal quarantine checks.

Even if the importer considers the cargo to be ordinary goods or raw materials, phytosanitary certificates, animal quarantine certificates, exporting-country documents or prior applications may be required.

Special attention is needed for wooden packaging materials, natural materials, dried plants and products containing animal-origin ingredients. If these issues are not checked before shipment, the cargo may be stopped at the port or airport in Japan.

PMD Act, Cosmetics and Medical Devices

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

A product that the importer describes as general goods or beauty goods may still raise PMD Act issues depending on its ingredients, intended use, shape, labeling, advertising claims or sales method.

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

Product Safety and Recall-Related Checks

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

PSE Mark, PSC Mark, household goods quality labeling, accident reporting and recall readiness often become issues after customs clearance, at the domestic sales stage.

Even if import customs clearance is completed, the product may still face sales suspension, recall, retailer return requests, additional inspection or relabeling work if domestic labeling or safety requirements are not satisfied.

Intellectual Property and Counterfeit Goods

Goods involving trademarks, copyrights, design rights, patents or other intellectual property rights may be questioned by Japan Customs as possible intellectual property infringing goods.

Brand goods, character goods, logo-bearing products, parallel imports, OEM products and promotional goods require attention. The importer may need to explain whether the goods are genuine, whether the rights holder has authorized the transaction, and how the commercial route is legitimate.

Forwarders are not the final judge of intellectual property rights. However, if the cargo clearly bears a brand, the price looks unusual, or the importer cannot explain the rights relationship, early confirmation should be encouraged.

Dangerous Goods and Chemical Products

Chemicals, paints, adhesives, sprays, batteries, lithium batteries, cleaning agents and reagents may require dangerous goods transport checks or domestic chemical regulation checks.

Depending on the cargo, SDS, UN number, packing group, IMDG Code, IATA Dangerous Goods Regulations, GHS labeling, Fire Service Act, Poisonous and Deleterious Substances Control Act, High Pressure Gas Safety Act or other rules may become relevant.

Even if the importer thinks the product is ordinary cargo, it may be dangerous goods for transport purposes. Forwarders should check not only the product name, but also ingredients, form, volume, packaging and whether SDS is available.

EPA and Rules of Origin

When an importer wants to use an EPA or FTA preferential tariff, rules of origin must be checked.

Important points may include the certificate of origin, self-declaration system, consignment criteria, direct shipment requirement, transit through third countries and consistency between shipping documents and origin documents.

Forwarders should confirm whether the importer intends to apply preferential tariff treatment, whether required documents are available, and whether the invoice, B/L, packing list and origin documents are consistent.

Practical Points to Check Before Customs Clearance

• Is the product food, tableware, food-contact packaging or kitchenware?
• Does the cargo include plants, wood, seeds or animal-origin ingredients?
• Could the product be a pharmaceutical, cosmetic, medical device or sanitary product?
• Is the product an electrical appliance, gas appliance, baby product or safety-regulated consumer product?
• Does the product involve a brand, logo, character, design or copyright content?
• Could the cargo be dangerous goods, chemicals, lithium batteries or aerosol products?
• Are SDS, ingredient lists, specifications, catalogues and photos available?
• Can the importer explain whether the cargo is for sale, sample use or personal use?
• Does the importer intend to use EPA, FTA or a certificate of origin?

Forwarder Practical Notes

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

However, if a possible regulatory issue is overlooked and the shipment proceeds without confirmation, the result may be customs delay, storage charges, inspection cost, return shipment, disposal, delivery delay or claims from the importer.

Special care is needed for first-time imports, new products, goods with unclear ingredients, overseas e-commerce sourcing, products treated casually as miscellaneous goods, branded goods, chemical products and food-contact products.

Information to Ask the Importer

• Product use
• Ingredients, materials and structure
• Whether the cargo is for sale, sample use or personal use
• Domestic labeling and advertising content
• Manufacturer documents, catalogues, photos and specifications
• Whether SDS or test reports are available
• Relationship with brand owners or rights holders
• Past import history for the same product
• Whether the importer has checked with competent authorities or specialists

Timing of Confirmation

Checks under other laws and related regulations may be too late if they are made 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 serious cases, the importer may need to consider return shipment or disposal.

For import forwarding, possible regulatory issues should be checked at the quotation stage, booking stage and document review stage.

Common Problems

• The importer checks only HS code and customs duty rate.
• Food-contact goods are treated as ordinary miscellaneous goods.
• Plant or animal-origin materials are not identified before shipment.
• Beauty products or health-related products are imported without PMD Act review.
• PSE, PSC or household goods labeling is checked only after arrival.
• Brand or character goods are imported without confirming rights permission.
• Chemical products are shipped without SDS.
• Dangerous goods classification is checked after CFS delivery.
• EPA or certificate of origin documents do not match shipping documents.

These problems may lead to customs hold, additional document requests, inspection, storage cost, delivery delay, sales suspension, return shipment, disposal or dispute with the importer.

Main Practical Themes

Other laws and related regulations at import may involve many different areas:

• Food Sanitation Act
• Plant Protection Act
• Act on Domestic Animal Infectious Diseases Control
• PMD Act
• Food labeling
• Product safety
• PSE and PSC Marks
• Intellectual property
• Trademark infringing goods
• Dangerous goods
• Chemical substances
• SDS and GHS labeling
• UN number
• Poisonous and Deleterious Substances Control Act
• Fire Service Act
• EPA and rules of origin
• Certificate of origin
• Import customs clearance
• Prior confirmation

Practical Notes for Shipments to Japan

For Japan-bound shipments, origin-side forwarders should understand that the importer may need more than ordinary shipping documents.

Commercial invoice, packing list and B/L are not always enough. Depending on the product, the importer may need certificates, permits, notifications, test reports, SDS, product photos, ingredient lists, labeling drafts or rights-holder confirmation.

Early confirmation helps avoid delays at customs, quarantine, carrier acceptance, warehouse receiving, CFS receiving or domestic sales preparation.

Key Takeaway

Other laws and related regulations at import are separate from ordinary customs declaration.

They depend on the product’s nature, use, ingredients, materials, sales method, labeling, safety risks, intellectual property issues and origin documents.

Forwarders do not need to make every legal determination themselves, but they should identify possible issues early and encourage the importer to confirm food, quarantine, PMD Act, product safety, intellectual property, dangerous goods, chemical and rules-of-origin requirements before shipment.