Who is responsible for FCC compliance: the manufacturer or importer?

For imported electronics, the importer of record is ultimately responsible for FCC compliance and must maintain a presence in the United States. While a foreign manufacturer can perform the testing and obtain the FCC certification, the US importer is legally accountable for ensuring the device meets all technical standards and documentation requirements.

Key Responsibilities and Nuances:

• Supplier’s Declaration of Conformity (SDoC): For devices that rely on self-declaration rather than formal certification, the responsible party must be located in the US. If a foreign manufacturer does not have a US branch, the importer becomes the responsible party by default.
• Certified Equipment: For devices requiring an official FCC ID, the grantee (the party issued the certificate) is initially responsible. However, if the goods are imported, the importer assumes legal liability at customs and must be able to provide compliance information, test reports, and equipment samples upon request.
• Record Keeping: The responsible party must maintain technical documentation (such as test reports) and make them available to the FCC upon request.

For detailed definitions of responsibilities based on your specific product type, you can review the official 47 CFR § 2.909 – Responsible party guidelines on the eCFR website.