FCC Proposes to End Device Importer Certification Requirements at Entry

Currently, importers of radio frequency devices must file either an electronic certification with CBP along with their entry summaries, or file paper FCC Form 740 and attach it to entry documentation. However, these requirements were developed in the 1970s, before Wi-Fi ad Bluetooth technologies, the internet, and cellphones became widespread, said the FCC in a proposal adopted by the commission in July (here). At the time import certification requirements were adopted, “fewer than 100 forms a month were submitted and few violations were found,” said the agency. Now, over 2 million certifications are filed each year, covering an expanding universe of products that include “cars, mattresses with Bluetooth transmitters, and intelligent cookware,” said the FCC.

With much of the information the FCC requires for imports already available on the internet or collected by CBP for other purposes, filing requirements may no longer be useful “for us to identify non-compliant RF devices and take appropriate follow-up action,” said the FCC. “The continuation of the burden of filing Form 740 no longer appears justified and we propose to eliminate the requirement,” it said. The FCC previously said it would review the agency's data collection processes as part of the work toward the International Trade Data System (see 1411240038).

Other import-related provisions of the proposed rule as follows:

Optional electronic labeling. The proposal would codify electronic labeling requirements signed into law in November (see 1411280025). RF devices with integrated electronic displays would be allowed to electronically display any labels required by FCC rules, including the FCC ID as well as any warning statements. Importers and manufacturers would still be allowed to physically label devices should they so choose.

Provisional certification. Currently, unauthorized RF devices awaiting certification may be kept in bonded warehouses while they await certification or export to another country. The FCC’s proposed rule would issue provisional grants of certification to eliminate the need for using bonded warehouses, it said.

Trade shows. The proposed rule would increase the limit on the number of devices that may be imported for demonstration purposes at trade shows from 200 to 400 for devices that are used in licensed services and from 10 to 400 for other products.

Elimination of exempt list. The proposal would remove a list of RF devices exempt from FCC import rules. The action would affect “battery-powered unintentional radiators,” including cameras, musical greeting cards, clocks and watches, and hand-held calculators and video games. According to the FCC, “these types of devices are now significantly more sophisticated” than they were when the list was adopted, “and often contain circuitry that increases the risk of harmful interference.”

Personal use exception. The FCC’s “personal use exception” for up to three licensed devices would be expanded to also include unlicensed devices, so that up to three licensed or unlicensed devices may be imported for personal use without demonstrating compliance with FCC authorization procedures.

Importer compliance responsibility. Current FCC rules prohibit the importation of devices that require an authorization, but for which no authorization has been obtained. The importer of a certified device “is not the party responsible for compliance with our rules; this is in contrast to equipment authorized under the verification or [declaration of conformity] procedures where the importer is held responsible,” said the FCC. The proposed rule would “require that all applications for certification include the contact information of a party located in the United States that is responsible for compliance,” including possibly the importer.

(Federal Register 08/06/15)