Publicat · Moldova
US FCC Lab Restrictions: What Foreign Founders in China Need to Know
A recent US FCC vote will bar certain Chinese testing labs from FCC-related work starting December 2028. China's Ministry of Commerce responds, and foreign founders in China should assess compliance and operational impacts.
US FCC Moves to Restrict Chinese Testing Labs
On October 29 (US Eastern Time), the US Federal Communications Commission (FCC) voted to adopt restrictions on testing laboratories. According to China's Ministry of Commerce (MOFCOM), the measure will prohibit, from December 1, 2028, the authorization of testing laboratories, telecommunications certification bodies, and laboratory accreditation bodies located in China and other so-called “non-reciprocal economies.” It will also ban FCC-related testing, certification, or accreditation activities in those economies.
For foreign founders running companies in China—especially in telecommunications, electronics, and smart manufacturing—this development could affect product certification and market access to the United States. Understanding the timeline and the official Chinese response is essential for planning ahead.
MOFCOM's Response: Strong Opposition and a Call for Reversal
A spokesperson for MOFCOM addressed the FCC vote in a press Q&A, stating that China has noted the situation. The spokesperson criticized the FCC for repeatedly introducing measures targeting China despite repeated representations from the Chinese side and contrary to important consensus reached by the two heads of state. According to the spokesperson, these actions 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 expressed strong dissatisfaction and firm opposition, noting that it had already taken countermeasures in response. The spokesperson emphasized that China's door for resolving issues through consultation remains open and urged the US to heed industry calls, respect market principles, and immediately withdraw the measures. If the US insists on proceeding, China will take further necessary steps to safeguard its legitimate rights and interests.
Why Chinese Testing Labs Matter for Global Trade
MOFCOM highlighted that Chinese testing laboratories are an important part of the global testing and certification system. They provide cost-effective assurance for the production and trade of communications electronics and smart manufacturing products worldwide. The spokesperson argued that the US action ignores the objective laws of global economic development and industrial division of labor, using administrative means to interfere with market choices and forcing so-called “testing backflow.” This, MOFCOM said, will raise testing costs for companies and lengthen product delivery and iteration cycles, ultimately harming US companies and consumers.
The spokesperson also noted that China had previously proposed negotiations on a “bilateral mutual recognition agreement” multiple times, but the US attitude has been extremely消极 and negative (extremely passive and negative).
Practical Implications for Foreign Founders in China
If your company manufactures or trades telecommunications equipment, electronics, or smart manufacturing products in China and exports to the US, the FCC's restriction could affect your product certification strategy after December 1, 2028. Here are key considerations:
- Review your testing and certification partners: Determine whether your current labs are located in China or other affected economies and whether they hold FCC authorizations. If so, you may need to identify alternative labs in other jurisdictions before the deadline.
- Assess cost and timeline impacts: MOFCOM warns that the measure will raise testing costs and lengthen product delivery and iteration cycles. Budget for potential increases and plan for longer lead times in product development and market entry.
- Monitor bilateral developments: China has proposed a bilateral mutual recognition agreement and continues to seek consultations. Stay informed about any negotiations or policy changes that could affect the implementation or scope of the FCC measure.
- Explore diversification: Consider diversifying your testing and certification locations to mitigate risks. The restriction applies from December 2028, giving your company time to adjust supply chain and compliance strategies.
- Stay compliant with Chinese regulations: Ensure your operations in China remain compliant with local laws and regulations, and monitor any Chinese countermeasures that may affect your business.
China's Position on Market Principles and Consultation
MOFCOM reiterated that China remains open to resolving disputes through consultation. The spokesperson called on the US to respect market rules and industry voices, and to work with China in the same direction. The Chinese government has indicated it will take necessary measures to protect its legitimate interests if the US proceeds unilaterally.
For foreign founders, this underscores the importance of keeping abreast of policy shifts and maintaining flexibility in regulatory compliance. While the measures are not yet in effect, early preparation can help avoid disruptions.
Next Steps for Your Business
Foreign founders operating in China should evaluate their exposure to US market requirements and consider whether their testing and certification arrangements could be affected. Engaging with professional advisors and staying updated on official announcements from both sides will be crucial. ChinaMNC can assist with company registration and ongoing compliance in China, helping you navigate the evolving regulatory landscape.
For personalized support, contact ChinaMNC on WhatsApp/WeChat at +86 153 1898 8535.
This summary is based on information published by the relevant Chinese government website and is general information, not legal or tax advice.