[Certification Q&A (16)] Can't you become a certification holder even though it is a business operator that has issued certification costs such as PSE, PSC, radio law, etc. I will review the system of each certification.
Hello. It is a hori of the manager.
To some of the most frequently asked questions from customers,
We pay for the certification, but are those rights secured to us?
There is a thing.
If you go to the conclusion first, regardless of the funding destination, certifications such as PSE, radio law, etc. are basically granted to the production plant (the product) Is. The PSC is a little different.
In other words, who paid the certification fee is not very important in the certification system. Be aware of this point. We also explain this point to our customers every time.
For example, it may be fine if you have any contracted factories in Japan or overseas, but there are questions that always arise when you authenticate at an overseas factory at first glance,
What can be done if the production plant becomes a certification holder and can freely sell to Japan even though it is the company that paid the certification fee?
It is a point.
There are many customers who can not certify without the cooperation of the factory, and on the other hand, there are many customers who have the cost but are sold freely to the factory, but we have cleared such a point in our certification agency.
Of course, it is also true that there are advantages in becoming a certification holder in the factory. This time, I would like to answer your questions with an explanation of each certification system the concept of certification holders such as PSE, PSC, radio law, etc.
- 1 In the case of PSE (Electrical Appliance and Material Safety Act)
- 2 In the case of PSC (Consumer Product Safety Act)
- 3 In the case of radio law (technical suitability)
- 4 It is important to make a prior arrangement with a production plant both in Japan and overseas.
- 5 Of course, our certification agency will be arranged so that the requester proceeds advantageously.
In the case of PSE (Electrical Appliance and Material Safety Act)
Pse's approach is that, as explained above, no matter who the certification cost is contributed, the PSE itself is granted to the production plant (the applicable product).
If the production is an overseas factory, the Japanese importer will report the PSE-acquired product to the Ministry of Economy, Trade and Industry, and the name of the importer will be displayed on the PSE label of the product and sold.
For example, if Company A provides PSE funding, the Chinese factory acquires PSE, and Company A reports it to the Ministry of Economy, Trade and Industry as an importer, it is possible to sell company A by displaying the name of Company A on the PSE label. This is common.
First of all, to say the problem, if the production plant has a copy of the PSE certification certificate () etc., it is possible under the system of PSE that company B passes it to Company B (without permission from Company A) and reports business to the Ministry of Economy, Trade and Industry as an importer.
However, if Company A discovers this, there is no way to complain in the factory, so I think that you will make a complaint to Company B, but we do not know the current situation because there is no case stall date how it is judged legally.
Company A, let's arrange for this to happen after consulting with the production plant.
On the other hand, the advantage of this PSE system is that it is not necessary to apply for the same PSE from multiple companies.
For example, since business notification is possible with PSE obtained by Company A funded by Company B and Company C, if multiple companies can discuss in various aspects, it will also save authentication costs.
In fact, among our customers, there are various restrictions, and pse funds are contributed by ourselves, but since sales must be requested to other companies, importers were asked to support the procedure so that they would become other companies.
Since there are many reasons for each system, it is better to understand the mechanism well and use it down.
In the case of PSC (Consumer Product Safety Act)
PSE and PSC have the same jurisdiction of the Ministry of Economy, Trade and Industry, and there is a similar flow of procedures, but fundamentally, the main difference is that
Psc first submits a business notification to the Ministry of Economy, Trade and Industry, and then asks an inspection agency to inspect it.
In addition, the psc certification contains the applicant name (importer name) and the name of the production plant, and the applicant name is confirmed firmly for the PSC label, so other business operators' names cannot be displayed.
In that sense, I have an image that the applicant and the production plant are set for PSC.
On the other hand, it is theoretically possible for the production plant to grasp the contents of the PSC label of the official applicant Company A and flow it sideways to other Company B. In this case, I think that Company A will make a complaint to Company B, but we do not understand the legal judgment well.
In any case, Company A needs thorough prior consultation with the factory.
By the way, it is possible for Company A to wholesale products with their company names displayed to Company B and others, and company B retails them. However, in this case, if there is a product accident, etc., the responsibility will be Company A, so company A should be careful about that point.
In the case of radio law (technical suitability)
The radio law will include the name of the applicant (importer) and the production plant on the certificate.
The biggest problem with the Radio Law is that it is not necessary to display the applicant's name on the product, and if the factory knows the radio law number of the product given, it is possible to display it yourself and export it to Japan (amazon, etc.) or to other companies.
Like PSE, when Company B purchased at the same factory and sold it under the radio law number of Company A, it would be a complaint, but I do not know the legal judgment. It is clear that Company B does not have a division, but it is a delicate point whether there are penalties.
In order not to become so, it is important for Company A to firmly make arrangements with the factory.
On the other hand, the advantage of this system of the Radio Act is that, like PSE, it is possible to share the same radio law certification without having to apply for the same radio law certification by multiple companies after consultation.
It is important to make a prior arrangement with a production plant both in Japan and overseas.
As I have written several times, keep in mind that it is the production plant that will take the initiative in any certification. In such a situation, it is necessary to discuss in advance so that the factory does not sell it to other companies without permission.
If it is a relationship between a Japanese business operator and a factory in Japan, the factory will not do anything strange because there is a public opinion in The Country, and it will not do anything without permission even in an overseas factory such as China if it is a tie-up and a subcontract factory.
The problem is the so-called overseas seemingly factory that I first met at the time of the certification. Of course, if you cooperate with certification, whether it is a factory at first glance, you should actively use it, but be sure to check in advance that it is likely to be a problem after obtaining certification.
I said a lot of bad things about the factory, but there is a business over there, so basically it is best to get along through repeated discussions.
Of course, our certification agency will be arranged so that the requester proceeds advantageously.
We often ask questions about this issue, but our suggestion is not to give the factory a certificate or inspection report.
If you use an overseas inspection institution, certificates will be sent to the factory for the time being, and then sent to the applicant in Japan. At that time, there is a possibility that a copy etc. will be taken. You can also check the radio law number there.
Then, the factory can do a sideways flow to other companies other than the applicant (fund provider) as much as possible.
Of course, if that's ok, there's no problem, but basically I think that's the majority of people who are in trouble.
In our certification agency service, we are positioned to receive certification certificates issued by certification bodies and inspection organizations first.
In other words, in each certification that has been applied for, it is possible to deliver the certificate to the applicant (importer) in Japan as it is without handing it over to the factory or looking at it.
Then, the factory cannot know the contents of the certification, and even if the product content is at the level of clearing the authentication, it is not possible to do horizontal flow as an authentication product because the display contents of the authentication are not known.
We also accept such points as a service of certification agency, so if you are a business operator who wants to authenticate but is worried about the correspondence of the factory at first glance, please feel free to contact us.