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-Cosmetics-
Cosmetics
The Pharmaceutical Affairs Act defines cosmetics as follows. "Articles with mild action on the human body, which are intended to be applied to the human body through rubbing, sprinkling or other methods, aiming to clean, beautify and increase the attractiveness, alter the appearance or to keep the skin or hair in good condition."
Cosmetics are classified into "perfume and eau de cologne" including fragrance, "makeup cosmetics" including foundation creams, lipsticks and eye makeup, "skin care cosmetics" including facial cream, skin lotion, skin milk and
cleansing cream, "hair care products" including hair dye, shampoo and hair treatment, and including sunscreen. Under the Act, soaps are classified as cosmetics.
"special-purpose cosmetics"
HS Code 3303
3304.10, 2, 30, 91 3304.99
3305
3307.10, 20, 30, 90 3401.11, 20-010
Scope of coverage
Definition
Perfume and eau de cologne
Foundation creams, lipsticks, eye makeup, and others Skin lotion, essence, skin milk, cleansing cream, and others
Hair dye, shampoo, hair treatment and others Sunscreen, shaving cream and others
Soaps for cosmetics
Item
Perfume and eau de cologne
Makeup cosmetics Skin care cosmetics
Hair care products Special-purpose cosmetics Cosmetic soaps
1. Points to Note in Exports to and Sales in Japan
(1) Import Regulations and Procedures
The following paragraph describes the regulations and procedural requirements at the time of importation. Importers of cosmetics assume all quality assurance and product liability for cosmetics. Consequently, cosmetic articles should not be imported based on marketability only. It is necessary for them to be ready to take full responsibility for imported cosmetics through regulation analysis and safety testing.
The importation of cosmetics is subject to the provisions of the Pharmaceutical Affairs Act, and aerosol products are subject to the provisions of the High Pressure Gas Safety Act. The Customs Tariff Act prohibits the importation of fake name brand products and knock-off copies, and such items are subject to confiscation or destruction at customs, based on the provisions of the Customs Act. Importers can even be subject to criminal penalties, including fines and imprisonment. However, the Pharmaceutical Affairs Act imposes no restrictions on substances that are imported into Japan as raw materials for cosmetics and then subjected to domestic processing.
・Pharmaceutical Affairs Act
When importing and distributing cosmetics, under the provisions of the revised Pharmaceutical Affairs Act, which
went into effect as of June 1, 2009, the importer must obtain a primary distributor's license for cosmetics. The pr imary distribution business refers to the sale, rental, or lending of manufactured (including delegated to another, but not including manufacturing conducted for another) or imported cosmetics. Consequently, companies that do not possess their own manufacturing facilities may still obtain a license.
The revised Act abolished the importer license classification. Any primary distributor that engages in the final packaging, labeling in the Japanese language, or storage of the imported product, is required to obtain a cosmetic manufacturer's license. Even if the product was labeled overseas in the Japanese language, in addition to obtaining a primary distributor's license, the importer of that product must obtain a cosmetics manufacturer's license (under a classification of "packaging, labeling, and storage only") (excluding the case of manufacturing that is delegated to another licensed manufacturer), because the product must be temporarily stored in a facility that has a manufacturer's license in Japan, and availability of shipment must be judged after the necessary tests.
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Guidebook for Export to Japan 2011 Copyright (C) 2011 JETRO. All rights reserved.

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