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.

PathTypical productsWho holds responsibility
CertificationPhones, Wi-Fi and Bluetooth devices, intentional radiatorsThe party granted the certification (often the foreign manufacturer)
Supplier’s Declaration of Conformity (SDoC)Lower-risk devices: many computers, peripherals, unintentional radiatorsThe 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 pr