Import Legal Confirmation and Customs Documentation in Japan
Interlink編集部Overview
When goods are imported into Japan, the importer must review not only customs duty, customs valuation, and import consumption tax, but also the laws and regulatory requirements applicable to the goods themselves.
A particularly important concept is the group of “other laws and regulations” linked to customs procedures through Article 70 of the Customs Act. These are laws and regulations outside the customs legislation that require permits, approvals, inspections, or satisfaction of specified conditions in connection with importation or exportation.
In addition to basic customs documents such as the Commercial Invoice, Packing List, B/L, Sea Waybill or AWB, freight and insurance information, evidence of required permits, approvals, notifications, inspections, or other regulatory procedures may be necessary for regulated goods.
Customs does not determine in advance every question concerning whether a product falls within another ministry’s legislation. Where applicability is uncertain, the importer must confirm the matter with the competent ministry or authority.
It is also important to distinguish laws linked directly to Customs Act Article 70 from broader Japanese requirements governing import businesses, domestic sale, labelling, or use. Receipt of an Import Permit does not by itself establish that a product may legally be sold or used in Japan.
This article explains Customs Act Article 70, customs documentation, confirmation with competent authorities, product-specific regulatory review, the respective roles of the importer, customs broker and freight forwarder, and the additional costs that may arise from inadequate regulatory confirmation.
Specific Scope of This Article
| Item | What This Article Covers | What Other Articles Cover |
|---|---|---|
| Customs Act Article 70 | The basic structure for proving permits and approvals and confirming inspections or required conditions before an Import Permit can be issued | The complete Customs Act and detailed Import Permit procedures |
| Basic import documents | The role of the Invoice, Packing List, B/L, AWB, freight, and insurance documents | Detailed preparation and individual document requirements |
| Other-law documents | The basic treatment of permits, approvals, notification certificates, and inspection evidence | Application forms and procedures under individual legislation |
| Food Sanitation Act | The need to review import notification requirements for food, additives, utensils, and containers and packaging | Detailed food-notification, inspection, and standards procedures |
| Pharmaceuticals and Medical Devices Act | The need for advance review of pharmaceuticals, cosmetics, medical devices, and related products | Detailed approvals, certifications, notifications, and business licences |
| Plant and animal quarantine | The possibility of inspection and certification requirements | Commodity-specific certificates and quarantine procedures |
| Chemicals | Review based on composition, CAS numbers, concentration, and use | Detailed requirements under individual chemical-control legislation |
| PSE and radio equipment | The distinction between requirements relevant to issuance of an Import Permit and domestic sale or use requirements | Detailed Electrical Appliances and Materials Safety Act and Radio Act requirements |
| CITES-related goods | The need to check regulated species, documents, and import restrictions | Appendix classifications and individual permit procedures |
| Cost and responsibility | How regulatory defects may produce storage, inspection, return, and other expenses | Final damages liability and insurance recovery |
Customs Act Article 70 as the Legal Link to Other Laws
Article 70 of the Customs Act provides the principal customs-law connection through which requirements imposed by other legislation affect issuance of an Import Permit.
The Article distinguishes goods requiring a permit, approval, or another administrative disposition under another law from goods requiring completion of an inspection or satisfaction of specified conditions.
| Category | Basic Requirement | Customs Treatment | Practical Point |
|---|---|---|---|
| Article 70(1) | Goods requiring a permit, approval, or equivalent administrative disposition under another law | Evidence that the required permit or approval has been obtained must be provided at import declaration | Some procedures must be completed before shipment or arrival |
| Article 70(2) | Goods requiring completion of an inspection or satisfaction of specified conditions under another law | Completion or satisfaction must be proved during customs examination or inspection and confirmed by Customs | The sequence between the competent authority’s procedure and customs procedures must be managed |
| Requirement not proved or confirmed | The necessary regulatory requirement remains incomplete | An Import Permit cannot be issued | The cargo may remain in a bonded area while additional procedures are completed |
Permits and approvals should therefore not be treated as identical to inspections and satisfaction of conditions. The applicable legislation, competent authority, timing, and method of proof must be identified separately.
Customs-Linked Other Laws and Broader Domestic Regulations
| Category | Meaning | Relationship with the Import Permit | Practical Review |
|---|---|---|---|
| Other laws under Customs Act Article 70 | Legislation requiring permits, approvals, inspections, or conditions for importation | Required proof or confirmation is directly connected with issuance of an Import Permit | Review Customs’ list and the competent authority |
| Importer-business regulation | Rules imposing registration, notification, recordkeeping, or similar obligations on import businesses | Not every such obligation is an Article 70 requirement for issuance of an Import Permit | Check business obligations separately |
| Domestic-sale regulation | Requirements concerning safety, labelling, or sale | Goods may receive an Import Permit but still be unsuitable for lawful sale | Confirm requirements before sale |
| Domestic-use regulation | Rules controlling operation or use of equipment | Receipt of an Import Permit and lawful domestic use are different questions | Check use requirements separately |
| Intellectual-property regulation | Restrictions relating to trademarks, copyright, designs, and other rights | Infringing goods may be stopped by Customs | Confirm authenticity and rights |
| Dangerous-goods transportation rules | Rules such as the IMDG Code governing transportation | Transportation classification is separate from domestic import regulation | Review transportation and import requirements independently |
For example, issuance of an Import Permit for an electrical product does not itself establish compliance with requirements applicable to domestic sale. The same distinction applies to radio equipment, where receipt of an Import Permit and lawful operation in Japan are separate questions.
Basic Customs Documents and Other-Law Documents
| Document Category | Typical Documents | Main Purpose | Possible Problem if Missing |
|---|---|---|---|
| Import declaration | Import and tax declaration information | Declare description, classification, quantity, value, and taxes | The import declaration cannot be completed |
| Commercial documentation | Commercial Invoice | Confirm description, quantity, price, and trade terms | Classification and customs valuation cannot be verified |
| Packing documentation | Packing List | Confirm package count, weight, and packing | Physical goods cannot easily be matched with the documents |
| Transport documents | B/L, Sea Waybill, AWB | Confirm transportation and cargo identification | Transport route or cargo identity may remain unclear |
| Value documents | Freight statement, insurance statement, contract, and price list | Support customs valuation | Additional documents may be requested |
| Other-law documents | Permits, approvals, notification certificates, and inspection evidence | Demonstrate completion of requirements linked to Article 70 | An Import Permit may not be issued |
| Product information | Catalogue, photographs, specifications, composition sheet, SDS, and manufacturing process | Support tariff classification and regulatory assessment | A generic product name may be insufficient for review |
HS Classification Does Not Complete the Regulatory Review
The HS code is essential for customs classification, customs duty, and trade statistics, but it does not automatically determine every regulatory requirement applicable to imported goods.
Products falling within the same or similar tariff classification may be treated differently depending on their use, composition, construction, intended customer, labelling, commercial purpose, quantity, or animal or plant-derived ingredients.
| Item | What to Confirm | Why It Matters | Typical Evidence |
|---|---|---|---|
| Product description | Actual product rather than a generic name | Descriptions such as “parts” or “sample” may be insufficient | Invoice and catalogue |
| Use | Food, medical, cosmetic, industrial, research, or other use | The regulatory framework may depend on use | Specification and use statement |
| Composition | Chemical, plant, animal, or other ingredients | Food, pharmaceutical, chemical, or quarantine rules may apply | Composition sheet and SDS |
| Structure and function | Electrical, radio, heating, measuring, or medical functions | Relevant requirements may not be apparent from the product name | Specifications and photographs |
| Commercial purpose | Sale, exhibition, research, evaluation, or personal use | Some legislation treats these purposes differently | Statement of import purpose |
| Quantity | Commercial or limited quantity | Exceptions or procedures may depend on the circumstances | Invoice and purchase order |
| Manufacturing information | Country, manufacturer, and manufacturing process | This may be relevant to food and quarantine review | Manufacturing-process documents |
Main Product-Specific Review Areas
| Cargo | Main Legislation or System | Information to Confirm Before Shipment | Article for Further Detail |
|---|---|---|---|
| Food and food additives | Food Sanitation Act | Ingredients, additives, process, use, and commercial purpose | Food Import Procedures |
| Food utensils, containers, and packaging | Food Sanitation Act | Material, food-contact use, and manufacturing method | Food Contact Materials |
| Cosmetics, pharmaceuticals, and medical devices | Pharmaceuticals and Medical Devices Act | Composition, use, claims, labelling, business licence, and product procedures | PMD Act Import Procedures |
| Chemicals | Chemical-control legislation | CAS numbers, composition, concentration, use, and SDS | Chemical Import Regulations |
| Plants and seeds | Plant Protection Act | Scientific name, origin, processing, and phytosanitary documentation | Plant Quarantine |
| Animals and animal products | Act on Domestic Animal Infectious Diseases Control and related legislation | Species, origin, processing, and health certificates | Animal Quarantine |
| Endangered species and derivatives | CITES-related rules and Foreign Exchange and Foreign Trade Act procedures | Scientific name, Appendix status, origin, and export permit | CITES Import Procedures |
| Electrical products | Electrical Appliances and Materials Safety Act | Product scope, electrical specifications, importer status, and conformity | PSE Requirements |
| Radio equipment | Radio Act and related rules | Frequency, output, radio system, and conformity information | Radio Equipment Requirements |
| Dangerous goods and high-pressure gas | Fire Service Act, High Pressure Gas Safety Act, and related rules | Hazard, pressure, composition, packaging, and SDS | Dangerous and Regulated Cargo |
Roles of the Importer, Customs Broker, Freight Forwarder, and Authorities
| Party | Main Role | What Must Be Confirmed | What Should Not Be Assumed |
|---|---|---|---|
| Importer | Understand the product and arrange required regulatory procedures | Composition, use, sale method, permits, approvals, and notifications | Do not assume that all regulatory responsibility shifts to the customs broker |
| Customs broker | Make the customs declaration based on information supplied by the importer | Classification, value, declaration documents, and regulatory-document consistency | Do not independently determine uncertain product regulation without sufficient information |
| Freight forwarder | Coordinate transportation, arrival, documentation, and customs arrangements | Information sharing, required documents, and procedural status | Being the transportation contact does not replace the importer’s regulatory position |
| Competent authority | Administer and interpret the relevant regulatory scheme | Product, use, composition, and applicable procedure | One authority does not necessarily decide requirements administered by another |
| Customs | Examine the declaration and confirm requirements linked to Article 70 before issuing an Import Permit | Declaration, regulatory completion, and prohibited imports | Customs is not the advance determination authority for every other law |
Practical Decision Flow
- Identify the formal product name, photographs, specifications, quantity, and value.
- Confirm material, composition, CAS numbers, use, functions, and commercial purpose.
- Identify the likely HS classification.
- Review the Customs list of other laws and regulations.
- Identify the potentially competent ministries, quarantine stations, or other authorities.
- Determine whether the matter falls under Article 70(1) or Article 70(2).
- Identify documents and certificates that must be obtained before shipment or import declaration.
- Confirm whether certificates from a foreign government or authority are required.
- Compare the Invoice, Packing List, B/L or AWB with the regulatory documents.
- Complete the necessary permit, approval, notification, or inspection procedure.
- Confirm the Article 70 information and documents with the customs broker before the NACCS declaration.
- If Customs requests additional information, submit product evidence together with the competent authority’s response.
- After issuance of the Import Permit, confirm whether domestic sale, labelling, or use requirements remain outstanding.
- Retain permits, certificates, reference numbers, correspondence, and administrative responses in the shipment file.
Cases Commonly Problematic in Practice
| Case | Main Cause | Evidence | Decision Point | Initial Response |
|---|---|---|---|---|
| The Invoice states only “sample” | The actual product and use cannot be identified | Photographs, specifications, and use statement | “Sample” does not by itself establish a regulatory exemption | Obtain detailed information from the importer |
| Cosmetic use is unclear | Composition, claims, and intended use are insufficient | Composition, labels, and product information | Whether PMD Act review is required | Confirm with the competent authority before declaration |
| A food container is declared as general merchandise | Food-contact use was not disclosed | Use statement, material data, and photographs | Whether the Food Sanitation Act applies | Consult the quarantine station |
| CAS information is unavailable | The chemical was ordered under a trade name only | SDS and manufacturer information | Whether sufficient composition data exists for regulatory review | Obtain information before shipment |
| Plant material is found in an accessory or packing material | Only the main product was reviewed | Material list, photographs, and origin information | Whether quarantine requirements extend to the material | Consult plant quarantine |
| A PSE issue is identified after issuance of the Import Permit | The Import Permit was confused with domestic-sale compliance | Product specifications and PSE documents | An Import Permit does not establish lawful domestic sale | Complete the regulatory review before sale |
| A Bluetooth device was imported without radio-law review | The product was considered only as a mechanical or electrical component | Radio specifications and technical information | Receipt of an Import Permit and lawful domestic operation are separate questions | Confirm radio requirements before sale or use |
| A previous import was relied on without fresh review | Regulatory or product changes were overlooked | Previous files and current specifications | A previous Import Permit does not establish compliance for the current shipment | Review changes for every shipment |
Application Scenario 1: Cosmetic Samples Reviewed Only After Arrival
The following is a hypothetical scenario.
Three hundred beauty products with an invoice value of JPY 1.8 million arrive at Narita Airport. The importer describes them as samples for an exhibition.
The Invoice states only “COSMETIC SAMPLE,” and no composition sheet, use instructions, or proposed labelling has been provided to the customs broker.
The customs broker requests further information because the regulatory treatment cannot be determined from the description alone. The importer argues that no issue should arise because the products will not be sold.
The customs broker nevertheless requests confirmation with the competent authority because the word “sample” does not itself resolve the regulatory question.
The review and preparation of additional documents take ten days, resulting in approximately JPY 350,000 in storage, documentation, and delivery-rescheduling expenses.
The appropriate review is not limited to deciding who should bear the additional cost. The parties should determine whether composition, use, labelling, and import purpose should have been reviewed before Booking or collection.
Application Scenario 2: Chemical Cargo Without Sufficient Composition Information
Eight tonnes of industrial cleaning chemical with an invoice value of JPY 12 million arrive at Yokohama from China.
The importer instructs the customs broker to use the same HS classification as a previous shipment because the trade name is unchanged.
However, the current SDS states some ingredients only as confidential ranges, and the customs broker cannot complete the necessary regulatory review without additional composition information.
The importer argues that the same HS code should mean that the regulatory treatment is also unchanged. The customs broker requests CAS numbers, composition ranges, and use information from the manufacturer.
The manufacturer takes six business days to respond, during which approximately JPY 280,000 in storage and related expenses arise.
The case demonstrates that previous tariff-classification treatment and the regulatory status of the current chemical composition must be reviewed separately.
Application Scenario 3: Domestic Product Regulation Identified After Issuance of an Import Permit
Five hundred household electrical devices incorporating Bluetooth functionality, with an invoice value of JPY 6 million, are imported through Osaka Port and receive an Import Permit.
The importer assumes that receiving the Import Permit means that the products can immediately be sold through its Japanese online store.
During the final domestic compliance review, however, the company discovers that confirmation under the Electrical Appliances and Materials Safety Act and domestic requirements relating to the radio function have not been completed.
The importer asks the customs broker why the goods were not stopped before the Import Permit was issued. The customs broker explains that an Import Permit and compliance with all domestic sale and use requirements are not the same determination.
The sales launch is delayed for three weeks and additional domestic storage costs arise.
The case demonstrates the need to separate four questions: whether the product may be imported, whether Article 70 confirmation is required before an Import Permit can be issued, whether it may lawfully be sold in Japan, and whether it may lawfully be used in Japan.
Common Misconceptions
| Misconception | Correct Analysis | Practical Caution |
|---|---|---|
| Customs determines every other-law issue | Applicability may need to be confirmed with the competent authority | Seek confirmation before shipment where necessary |
| The HS code determines all regulatory requirements | Use, composition, construction, and other facts may change the result | Review the actual product |
| A sample is automatically exempt | Treatment depends on the individual legislation and purpose | Do not rely only on the word “sample” |
| An Invoice and B/L are always sufficient | Value, product, and regulatory documents may also be required | Prepare a shipment-specific document list |
| Every other-law requirement involves obtaining a permit | Article 70 distinguishes permits and approvals from inspections and satisfaction of conditions | Confirm the correct timing and form of proof |
| An Import Permit means the goods may be sold in Japan | Domestic sale, labelling, or use requirements may remain after issuance of an Import Permit | Conduct a post-permit compliance review where required |
| Dangerous goods always require an Import Permit under a special regulatory law | Transportation-dangerous-goods rules and import regulation are separate systems | Review IMDG and domestic legal requirements separately |
| The importer can leave all regulatory review to the customs broker | The broker requires accurate product information from the importer | Provide composition, use, and specifications |
| A product imported before can always be imported the same way again | The law, product specification, composition, or use may have changed | Check differences for the current shipment |
| An oral answer from an authority requires no record | A later customs or internal review may require evidence of the confirmation | Retain written responses, reference numbers, and records |
Decision Checklist
| Situation | Party to Consult | Item to Confirm | Action if a Problem Is Identified |
|---|---|---|---|
| New product selection | Importer and supplier | Description, use, composition, construction, and sales method | Do not finalise transport until the required information is available |
| Before quotation or Booking | Importer and freight forwarder | Potential regulatory requirements and documents | Request advance confirmation with the competent authority |
| Before shipment | Importer and overseas supplier | Certificates required from the exporting country | Hold shipment until necessary certificates are obtained |
| Tariff-classification review | Customs broker and importer | Information relevant to classification and other-law review | Do not determine regulatory status from the HS code alone |
| Other-law review | Competent authority | Whether Article 70(1) or Article 70(2) applies | Retain the response and supporting grounds |
| Before import declaration | Customs broker | Invoice, Packing List, B/L or AWB, value evidence, and regulatory documents | Correct inconsistencies before declaration |
| Customs examination | Customs, importer, and customs broker | Additional product information, approvals, and inspection results | Submit competent-authority confirmation where relevant |
| After issuance of the Import Permit | Importer and legal or quality personnel | Domestic sale, labelling, and use requirements | Do not commence sale or use while requirements remain incomplete |
| Additional costs arise | Importer, freight forwarder, and customs broker | Cause, notice timing, avoidability, and quotation conditions | Separate cost occurrence from final responsibility |
| Cargo damage occurs | Insurer and insurance agent | Physical loss versus customs-delay expenses | Confirm insurance treatment separately |
| Legal responsibility is disputed | Lawyer | Contract, delegated authority, explanation duties, and causation | Organise the documents before relevant deadlines |
Relationship with Marine Cargo Insurance and Additional Costs
Storage, inspection, delivery-rescheduling, return, or disposal expenses arising from inadequate regulatory preparation are different in nature from physical loss of or damage to the cargo.
The existence of marine cargo insurance does not therefore mean that every additional cost caused by delay in obtaining an Import Permit will automatically be insured.
If the cargo itself is damaged, wetted, deteriorated, or otherwise physically affected while regulatory procedures are pending, the physical loss should be separated from customs, storage, inspection, and administrative expenses.
Where insurance treatment is unclear, the casualty should be reported promptly and confirmation obtained from the insurer or handling insurance agent.
When to Consult a Lawyer or Other Specialist
- The importer, customs broker, and freight forwarder dispute the scope of their respective regulatory-confirmation duties
- An administrative disposition, re-export, disposal, or other significant measure is being considered
- A false declaration or inaccurate supporting document may have been submitted
- Responsibility for substantial storage, Demurrage, Detention, or other additional charges is disputed
- Domestic sale after issuance of an Import Permit may violate applicable legislation
- Goods have been suspended because of an intellectual-property issue
- The importer and competent authority disagree on legal interpretation
- The customs broker’s declaration or explanation duties are disputed
- Marine cargo insurance, liability insurance, and contractual logistics responsibility overlap
Summary
Import legal confirmation is not merely the preparation of documents for Customs.
The importer must first identify the product, use, composition, construction, quantity, and commercial purpose and determine whether any requirement linked to Customs Act Article 70 applies.
Article 70 distinguishes permits and approvals from completion of inspections and satisfaction of conditions. The parties must identify which procedure applies, when it must be completed, and how completion will be proved to Customs before an Import Permit is issued.
Customs does not act as the advance determination authority for every law administered by another ministry. Where applicability is uncertain, the importer should obtain confirmation from the competent authority and provide the result to the customs broker.
Other laws confirmed by Customs and domestic sale, labelling, or use regulations are also different issues. An Import Permit alone does not establish that the goods may lawfully be sold or used in Japan.
A customs broker and freight forwarder support customs and transportation procedures using information supplied by the importer, but they should not proceed mechanically where the product information is insufficient to determine the applicable requirements.
For new products, food, cosmetics, medical devices, chemicals, plant and animal products, and specialised electrical or radio equipment, legal confirmation should begin before arrival, preferably during quotation, Booking, or pre-shipment preparation.
Permits, approvals, notification certificates, inspection results, authority correspondence, reference numbers, and other confirmation records should be retained for each import shipment. This is fundamental both to obtaining an Import Permit efficiently and to preventing disputes over additional costs and responsibility.
