The FCC route
- Certification. An FCC-recognised certification body grants an FCC ID on test data from an accredited, FCC-recognised lab. Most products with a radio transmitter go this way. The grantee can be the maker abroad, but every applicant must name a US agent for service of process (47 CFR 2.911(d)(7), since 6 February 2023).
- Supplier’s Declaration of Conformity (SDoC). A self-declaration for most digital devices without a radio. The responsible party must be located in the United States: the manufacturer, assembler or importer (47 CFR 2.909(b)).
- Labs and the Covered List. SDoC tests may not be run at a lab owned, controlled or directed by a “prohibited entity”, and the FCC will not recognise a lab or certification body in which one holds 10 percent or more (FCC 25-27, since 8 September 2025). Covered List producers cannot use SDoC or an exemption, and from 13 October 2026 a device whose logic-bearing component comes from a Covered List producer can be barred too (FCC 26-50).
The Covered List categories
Since December 2025 the FCC has added whole categories of equipment produced abroad, not only named companies. A category entry stops new authorisations; models already authorised can still be imported, sold and used. Each has a Conditional Approval route, decided by the Department of War or DHS and tied to a plan to produce in the United States.
- Drones and drone critical components, since 22 December 2025. Exceptions for the Blue UAS Cleared List and Buy American domestic end products until 1 January 2028, and for qualifying toy drones. Apply to drones@fcc.gov.
- Consumer routers, since 23 March 2026: residential, customer-installed routers and gateways. “Produced” means any major stage, design included. Approvals last up to 18 months. Apply to conditional-approvals@fcc.gov.
- Utility-interactive power inverters, since 28 July 2026, narrowed on 20 August 2026 to UL 1741 inverters with remote communication or control. Inverters eligible for the section 45X credit are not treated as foreign-produced.
- Advanced robotic devices, since 28 July 2026: mobile ground robots such as AMRs, AGVs, humanoids and quadrupeds above 4.4 lb with network connectivity and autonomy or command-and-control software. Approvals from the Department of War only.
Every change to these entries, and each new approval, is on the ban tracker.
Selling to the US government
Section 889 bars agencies from buying equipment that uses telecom or video surveillance equipment produced by Huawei, ZTE, Hytera, Hikvision or Dahua as a substantial or essential component, and from contracting with companies that use it. Agencies and primes ask for the representation in FAR 52.204-24, -25 and -26 (52.240-90 and -91 under the FAR overhaul’s deviation text). For drones, the American Security Drone Act adds FAR 52.240-1. See the Section 889 guide.
Rules that turn on the country
- Embargoes. Goods from Cuba, Iran and North Korea may not be imported; nor goods from the Crimea region or the so-called DNR and LNR regions of Ukraine.
- Russia. No general ban, but listed Russian-origin goods are barred, among them fuels, seafood, alcoholic beverages, diamonds, gold, aluminium, copper and nickel.
- Xinjiang. Goods made wholly or partly in Xinjiang, or by a company on the UFLPA Entity List, are presumed made with forced labour and barred at import, wherever they were finished.
- Duties. Not covered here, except that drones and listed drone components carry Section 232 duties since 3 September 2026, whatever the country.
Bringing units in before you sell
An unauthorised radio device can still be imported in limited numbers: up to 4,000 units for testing and evaluation, up to 400 for a trade show (neither for sale), and, once a certification application is filed, up to 12,000 units of stock (47 CFR 2.1204). A company with no US presence can be importer of record only with a resident agent in the port’s state and a bond from a resident surety (19 CFR 141.18).
Questions people ask
- Does my product need FCC approval to be sold in the US?
- Almost every electronic product does. Most products with a radio transmitter need Certification, which gives them an FCC ID; most digital devices without a radio can use a Supplier's Declaration of Conformity; a few kinds of equipment are exempt. A product with no electronics needs none.
- Who is the US responsible party for FCC purposes?
- For Certification it is the grantee, which can be a maker abroad, but every applicant must name a US agent for service of process. For a Supplier's Declaration of Conformity the responsible party must be located in the United States: the manufacturer, assembler or importer.
- Can I still sell drones made outside the US?
- Models already authorised can still be imported and sold. A new foreign-produced drone model cannot be authorised since 22 December 2025 unless it is on the Blue UAS Cleared List or is a Buy American domestic end product (both until 1 January 2028), is a qualifying toy drone, or holds a Conditional Approval from the Department of War or DHS.
- Are solar inverters banned in the US?
- Inverters already authorised are not affected. Since 28 July 2026, as narrowed on 20 August 2026, new models of utility-interactive inverters (UL 1741) with remote communication or control that are produced abroad need a Conditional Approval to be authorised. Inverters eligible for the section 45X credit are not treated as foreign-produced.
- What is a Conditional Approval?
- The route around a Covered List category entry. The maker applies by email to the FCC, which forwards the request to the Department of War and, for most categories, DHS; they decide. Approvals are tied to a plan to produce in the United States (for routers, with quarterly updates), and the FCC lists those granted on the Covered List page.
- Can I import demo units before my FCC approval?
- Yes, within limits: up to 4,000 units for testing and evaluation and up to 400 for a trade show, neither for sale, and up to 12,000 units of stock once a certification application has been filed (47 CFR 2.1204).
Primary sources
- 47 CFR Part 2, Subpart J (equipment authorisation: 2.906, 2.907, 2.909, 2.911, 2.925, 2.935, 2.948, 2.1204), eCFR current as of 8 October 2026.
- 47 CFR 15.101 and 15.103, eCFR current as of 8 October 2026.
- FCC 22-84, 88 FR 7592, effective 6 February 2023 (covered equipment; US agent for service of process).
- FCC 25-27, 90 FR 38045, effective 8 September 2025 (labs and certification bodies).
- FCC 26-2, 91 FR 18670 (foreign adversary attestation; compliance date not yet announced).
- FCC 26-50, 91 FR 57798, effective 13 October 2026 (logic-bearing components; FCC IDs in online marketplaces).
- FCC Covered List, list dated 9 October 2026.
- FCC DA 25-1086, 22 December 2025, and DA 26-761, 21 July 2026; FCC UAS FAQs, updated 21 July 2026.
- FCC DA 26-278, 23 March 2026; FCC router FAQs, updated 12 May 2026.
- FCC DA 26-786, 28 July 2026, and DA 26-870, 20 August 2026; FCC robots and inverters FAQs, updated 2 October 2026.
- FAR overhaul, Part 40 deviation guide, updated 28 September 2026; FAR 52.204-24, -25 (Nov 2021) and -26 (Oct 2020); FAR 52.240-1 (Nov 2024).
- Proclamation 11055, 91 FR 53699, 19 August 2026 (Section 232 duties on drones).
- 31 CFR 515.204, 560.201, 510.205 and 589.208, eCFR current as of 8 October 2026; Executive Order 14065, 87 FR 10293.
- OFAC, Russian harmful foreign activities sanctions (Executive Orders 14066 and 14068 and the determinations under them), read 12 October 2026.
- CBP, Uyghur Forced Labor Prevention Act, updated 14 September 2026; DHS UFLPA Entity List, updated 31 July 2026.
- 15 CFR 791.4, the foreign adversary list, eCFR current as of 8 October 2026.
- 19 CFR 141.18, entry by a non-resident corporation, eCFR current as of 8 October 2026.
General information, not legal advice. BSJ Ventures publishes methods; it never publishes clients, cases or verdicts, and it claims no relationship with any agency or maker named here.
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