CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

Japan proposed restriction on SCCPs, DecaBDE and PFOS

January 2018- Relevant for: Hardlines, SofTLines

On 29 November 2017, Japan submitted a notification¹ to the World Trade Organization (WTO), to amend the Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture, etc. (Act No. 117 of October 16, 1973, hereinafter referred to as "the Act"). The proposed amendment would designate short-chained chlorinated paraffins (SCCPs) and decabromodiphenyl ether (decaBDE) as class I specified chemical substances under the Act. It also proposed to expand the scope of prohibited products from importation where perfluoro (octane-1-sulfonic acid) (PFOS) and its salts are used.

According to Article 17 and 22 of the Act, once a substance is designated as Class I Specified Chemical Substances, the substance only can be manufactured or imported unless the permission from the Minister of Economy, Trade and Industry is granted. According to Article 24 of the Act, products cannot be imported, if it is specified by the Cabinet Order of the Chemical Substances Control Law and amendments thereto (1974, Cabinet No. 202, hereinafter referred as “the Cabinet Order”)² and a class I specified chemical substance is used.

Please refer to the details of the proposed amendment³.

Two substances are newly designated as class I specified chemical substances under the Act

• Short-chained chlorinated paraffins (SCCPs) (straight-chain chlorinated hydrocarbons with chain lengths ranging from C10 to C13 and a content of chlorine greater than 48 percent by weight
• Decabromodiphenyl ether (decaBDE)

Products to be banned to import, in which SCCPs are used

• Lubricating, cutting and hydraulic oils
• Chemicals for flame-retardant treatment for textiles
• Plasticizers for resin and rubber
• Paints (limited to those for waterproof and anti-flammable)
• Adhesives and sealing fillers
• Fatliquoring agent for leather

Products to be banned to import, in which decaBDE are used

• Flame-retardant textiles
• Chemicals for flame-retardant treatment for textiles, resin and rubber
• Adhesives and sealing fillers
• Flame-retardant floor covering
• Flame-retardant curtains
• Flame-retardant banner-flags

Products newly added to be banned to import, in which PFOS and its salts are used

• Etching agents (limited to those for uses in the manufacture of piezoelectric filters or of compound semiconductors which enable radio to transmit and receive radio waves with more than 3 MHz of frequencies)
• Resist for semiconductors
• Professional-use photograph films

The amendment is expected to be adopted in February 2018 and will come into force on October 2018.

[1] WTO Notification G/TBT/N/JPN/572
[2] Cabinet Order of the Chemical Substances Control Law and amendments thereto
[3] Revision of the “Order for Enforcement of the Act on the Evaluation of Chemical Substances and Regulation of Their Manufacture, etc.”