INTERNATIONAL TRADE LAW
Importing Electronics: FCC, FDA & Customs Rules
Importing electronics into the United States usually means clearing more than one agency: the FCC for anything that emits or receives radio frequency energy, the FDA for products that emit radiation, and CBP for the entry, classification, and duty. Most consumer electronics — phones, laptops, wireless speakers, monitors — touch at least two of these. The mistake that gets shipments detained is treating “electronics” as a single customs category instead of mapping each product to the specific federal standard that governs it.
This guide covers the three agencies that matter most, the forms tied to them, and the customs duties that decide your landed cost.
FCC: equipment authorization before the device ships
Almost any device that intentionally or unintentionally radiates radio frequency energy is a “radio frequency device” under FCC rules and must be authorized before it is imported, marketed, or sold. There are two authorization paths, and which one applies depends on the device’s risk of causing interference.
| Path | Typical products | Who holds responsibility |
|---|---|---|
| Certification | Phones, Wi-Fi and Bluetooth devices, intentional radiators | The party granted the certification (often the foreign manufacturer) |
| Supplier’s Declaration of Conformity (SDoC) | Lower-risk devices: many computers, peripherals, unintentional radiators | The U.S. responsible party — frequently the importer |
A key change for importers: under SDoC, the responsible party must be located in the United States, so the importer often becomes the party on the hook for compliance, with its name and contact information in the product documentation. One piece of historical paperwork is gone — the FCC eliminated the Form 740 import declaration in November 2017, so there is no longer a separate FCC form filed at the border. The authorization itself, however, must exist before the device arrives.
FDA: radiation-emitting electronic products
A surprising range of ordinary electronics fall under the FDA, not because they are medical, but because they emit radiation. Televisions, computer monitors, microwave ovens, and any laser product (down to a laser pointer) are “radiation-emitting electronic products” subject to FDA performance standards in 21 C.F.R. Parts 1010 and 1020–1050.
For these products, the importer files Form FDA 2877, “Declaration for Imported Electronic Products Subject to Radiation Control Standards,” at the time of entry. The form uses lettered declarations — for products not subject to a standard, products that comply with a standard, and noncompliant products held under bond. The FDA reviews the declaration and decides whether the goods may be released or must be held, exported, destroyed, or reconditioned. Manufacturers report under separate FDA requirements and receive accession numbers that the importer references on the 2877.
CBP: classification, valuation, and reasonable care
Every shipment is also a customs entry, and CBP holds the importer of record to a reasonable care standard for getting it right. Three things drive the outcome:
- Classification. The Harmonized Tariff Schedule code sets the duty rate and flags other-agency requirements. Electronics span dozens of headings, and a wrong code can mean both an underpayment and a compliance flag.
- Valuation. Duty is assessed on transaction value; assists, royalties, and related-party pricing can change the dutiable amount.
- Country-of-origin marking. Goods must be marked with their country of origin, and origin also drives trade-remedy tariffs.
Because duty rates and added tariffs on electronics have shifted repeatedly with recent trade actions, confirm the current rate for your specific HTS code with a customs broker before you commit to landed-cost pricing rather than relying on a figure from an older guide.
Other agencies and requirements to check
Depending on the product, a few more rules apply. The Consumer Product Safety Commission governs safety for many consumer electronics, including products with lithium batteries and anything intended for children. Lithium batteries themselves are regulated hazardous materials in transport, with packaging and documentation rules enforced for shipping. State requirements — California’s restrictions and electronic-waste rules are the common example — can apply on top of federal standards. And ENERGY STAR is a voluntary EPA program, not an import requirement, though buyers often demand it.
Frequently asked questions
Do I need an FCC filing at the border? No separate FCC form is filed at entry since Form 740 was eliminated in 2017, but the device must already hold the correct authorization — Certification or SDoC — before it is imported. The obligation moved upstream, not away.
Who is responsible if a device under SDoC fails to comply? Under SDoC the U.S. responsible party bears it, and for imports that is frequently the importer. Confirm in writing who holds that role before you bring the product in.
Are computer monitors really an FDA matter? Yes — as radiation-emitting electronic products, monitors and TVs fall under FDA radiation standards and the Form 2877 declaration, separate from anything the FCC requires.
How do I keep a shipment from being detained? Map each product to its agency before it ships, hold the FCC authorization and FDA accession numbers in hand, classify accurately, and keep the records. Detentions almost always trace back to a requirement identified after the goods arrived. (See how to prepare for a CBP import compliance audit.)
Importing electronics or other regulated goods? Reidel Law Firm delivers a flat-fee Import/Export Compliance Memo that maps your products to the FCC, FDA, and CBP requirements that apply — classification, forms, and recordkeeping — with direct attorney access. Get a flat-fee compliance memo →
