Published by ChinaMNC · Kangle
FCC Lab Restrictions: What Foreign Founders Operating in China Need to Know
The US FCC has voted to restrict Chinese testing labs from 2028. China's Ministry of Commerce responds. Here's what foreign founders with China-based operations should understand.
FCC Lab Restrictions: What Foreign Founders Operating in China Need to Know
On October 29 (US Eastern Time), the US Federal Communications Commission (FCC) voted to adopt restrictions on testing laboratories. Starting December 1, 2028, the FCC will prohibit authorization of testing labs, telecom certification bodies, and lab accreditation bodies located in China and other so-called “non-reciprocal economies,” and will ban FCC-related testing, certification, or accreditation activities in those economies. China’s Ministry of Commerce (MOFCOM) spokesperson addressed the matter in a press Q&A. For foreign founders registering or operating a company in China—especially in electronics, telecom equipment, or smart manufacturing—this development may affect product certification and market access strategies. Below is a factual summary of the MOFCOM statement and practical considerations.
What the FCC Decision Means
The FCC’s measure targets testing and certification bodies in China and other designated “non-reciprocal economies.” From December 1, 2028, such entities will no longer be authorized to perform FCC-related testing, certification, or accreditation. This means that products requiring FCC certification may need to be tested in labs outside these economies, potentially increasing costs and lead times for companies that currently rely on Chinese labs.
China’s Response: MOFCOM Statement
According to the MOFCOM spokesperson, China has taken note of the situation. The spokesperson stated that the FCC has repeatedly introduced restrictions involving China, ignoring China’s repeated representations and contrary to important consensus reached by the two heads of state. MOFCOM asserts that these measures seriously harm the interests of China and other trading partners, undermine the stability of China-US economic and trade relations, and disrupt global supply chains. China expresses strong dissatisfaction and firm opposition, and notes that it has already taken countermeasures in response.
The spokesperson emphasized that Chinese testing laboratories are an important part of the global testing and certification system, providing cost-effective assurance for the production and trade of communications electronics and smart manufacturing products. MOFCOM argues that the US side is ignoring the objective laws of global economic development and industrial division of labor, using administrative means to intervene in market choices, and forcing so-called “testing reshoring.” This, according to MOFCOM, will raise testing costs for companies, lengthen product delivery and iteration cycles, and ultimately harm US companies and consumers. MOFCOM also mentioned that China has repeatedly proposed negotiations on a “bilateral mutual recognition agreement,” but the US attitude has been extremely消极 and negative (消极 and negative).
MOFCOM stated that China’s door to resolving issues through consultation remains open. It hopes the US side will heed industry calls, respect market rules, and work with China in the same direction to immediately withdraw the measures. If the US insists on going its own way, China will take further necessary measures to firmly safeguard its legitimate rights and interests.
Implications for Foreign Founders in China
If you are a foreign founder with a company in China that manufactures or exports electronic products requiring FCC certification, consider the following:
- Review your certification strategy: Determine whether your products require FCC testing and whether your current testing arrangements rely on labs in China. The restriction takes effect on December 1, 2028, so you have time to adjust, but early planning is advisable.
- Assess cost and timeline impacts: Testing outside China may increase costs and extend product delivery and iteration cycles. Factor this into your product development and go-to-market plans.
- Engage with testing providers: Discuss with your testing partners about their plans to address the restriction, including potential partnerships with labs in other economies.
- Monitor policy developments: Both the US and China may take further actions. Stay informed through official channels and industry associations.
- Consider mutual recognition developments: China has proposed a bilateral mutual recognition agreement; if pursued, this could provide an alternative path, but no timeline is specified.
Practical Steps for China-Based Operations
For foreign founders registering or operating a company in China, especially in tech and manufacturing, it is crucial to stay abreast of regulatory changes that affect cross-border trade. Ensure your business licenses and certifications are up to date, and maintain flexibility in your supply chain and testing arrangements. If you are in the process of setting up a company, consider how future certification requirements might impact your product strategy.
Conclusion
The FCC’s decision introduces new considerations for companies relying on Chinese testing labs for FCC certification. While the measure does not take effect until December 1, 2028, proactive planning can help mitigate potential disruptions. China’s MOFCOM has expressed opposition and a willingness to negotiate, but the situation remains fluid. Foreign founders should monitor official announcements and consult with professional advisors to ensure compliance and business continuity.
This summary is based on information published by the relevant Chinese government website and is general information, not legal or tax advice.
For assistance with company registration and operations in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.