Two US regimes cover most of the compliance mistakes ecommerce importers make: the FCC rules for anything that emits radio frequency energy, and the CPSC's Children's Product Certificate regime for products intended for children 12 and under. This article explains what each regime requires, when in the production cycle to test, and what evidence to hold. It is written for sellers and buyers shipping electronics and children's products to the United States.
Why the US regulates by agency
The United States does not run one unified product mark the way the EU does. Requirements are split by subject matter: the Federal Communications Commission governs radio-frequency electronics, and the Consumer Product Safety Commission governs product safety — with a mandatory third-party testing and certification regime for children's products. The practical upshot for a seller: many products need neither regime, many need one, and a connected toy needs both. Mapping which regimes touch your product is a sourcing-stage task, the same discipline you would apply for Europe.
FCC: if it transmits, it applies
FCC rules reach electronics capable of emitting radio frequency energy — not only obvious transmitters like Wi-Fi and Bluetooth devices, but anything with circuitry that can radiate. Depending on the device class, the product goes through an equipment authorization route — a supplier's declaration of conformity or certification by an FCC-recognized body — with testing at an accredited laboratory, plus identification and labeling requirements that vary by route.
The operational points that matter to an importer: the authorization must be based on tests of a representative production unit; the grant or declaration must cover your model as sold, because a repackaged or modified variant can fall outside an existing grant; and required labeling must be on the product itself, not just the box, for most device classes. Reusing a certified radio module is common practice, but "the module is certified" does not automatically extend to your finished device — the final host product carries its own obligations.
CPC: children's products 12 and under
Products designed or intended primarily for children 12 years of age or younger fall under the CPSC's children's product regime. The core mechanism: third-party testing by a CPSC-accepted laboratory against the applicable children's product safety rules, and a Children's Product Certificate — issued by the manufacturer or importer, based on that testing — that accompanies the product. Testing recurs as production continues; the certificate must reflect current production, not a test from a discontinued run.
Two failure patterns dominate. First, testing the wrong sample: a lab test on an early prototype is not evidence for the shipped batch if materials or suppliers changed along the way. Second, age-grading drift: a product marketed with features that appeal to younger children can be pulled into rules the seller never tested against. Classification decisions — age grading and intended use — deserve the same rigor as the testing itself, because everything downstream hangs on them.
The two regimes side by side
| Aspect | FCC | CPC / CPSIA |
|---|---|---|
| Applies to | Electronics that emit radio frequency energy | Products for children 12 and under |
| Governed by | Federal Communications Commission | Consumer Product Safety Commission |
| Core evidence | Equipment authorization — declaration or certification — with lab testing | Children's Product Certificate based on CPSC-accepted lab testing |
| Labeling | Identification and compliance labeling per device class | Children's product labeling obligations, including tracking-style marking |
| Typical failure mode | Model sold outside the certified configuration | Tested sample differs from shipped production |
When to test in the production cycle
The sequence that works: map requirements before ordering; test the pre-production or golden sample; hold the reports with the shipment documentation; and re-test on defined change events — a new material, a new component supplier, a new factory, or any configuration change. Testing after shipment is not a plan; it is an autopsy. Where your quality program includes a pre-production gate, compliance testing belongs on that gate's checklist, coordinated alongside inspection booking so one sample logistics flow serves both. That is how we sequence it in the quality and compliance program — requirements mapped before production, evidence produced on the golden sample, certificates filed before the goods move.
The 2025–2026 shift: compliance as unit economics
One structural change has moved compliance from paperwork into economics. The US $800 de minimis exemption was suspended for all countries on August 29, 2025; CBP rules that took effect July 24, 2026 moved the pause onto the statutory level and introduced new clearance processes for postal parcels; and the exemption is set for permanent repeal on July 1, 2027. The practical effect for sellers: goods enter the United States through formal channels with real customs scrutiny at every value point. Products that once moved through low-value parcels on thin paperwork now meet the same border as container freight.
The consequence is not only about duty. Documentation that used to be checked in bulk is now checked shipment by shipment — which makes certificates, labeling and declarations part of the landed-cost model from the first quote, not a correction after a customs hold. Marketplace verifications add a second enforcement layer: Amazon sellers in regulated categories already know that documentation requests arrive with little notice.
Pre-shipment checklist for US-bound goods
- Regime mapping done — FCC, CPC, both or neither — in writing, per model
- Testing on a representative production sample at an accredited laboratory, CPSC-accepted where the CPC regime applies
- Certificates and grants cover the exact model and configuration being shipped
- Labeling requirements checked on the product itself, not only the packaging
- Change events since the last test reviewed; re-test ordered where triggered
- Copies of reports and certificates filed with the shipment documentation set
Frequently asked questions
My supplier says the chip or module is FCC certified — am I covered?+
No. A certified module inside an uncertified host does not transfer the authorization to your finished product; the final device carries its own equipment authorization obligations. Confirm the finished-product position with a laboratory before production.
Do small shipments need a CPC too?+
The obligations attach to the product, not the shipment size. With the de minimis exemption suspended and low-value parcels under new clearance rules, the practical shelter small shipments once had is gone — children's products should carry valid testing and certification regardless of volume.
What is the difference between FCC certification and CE marking?+
Different jurisdictions and different frameworks: FCC is the US radio-frequency regime, CE is the EU's family of product legislation. A product sold in both markets generally needs both, tested and documented per market — one does not substitute for the other.
Does FULVERA issue FCC or CPC certificates?+
No. Testing and certification are performed by accredited — and for the CPC regime, CPSC-accepted — laboratories. We map which requirements apply to your product and market, coordinate scope and samples with the lab, and manage follow-up. The certificates come from the labs, not from us.
When should compliance testing start relative to production?+
At the golden sample stage — after the sample is approved and before mass production begins. That timing means a failed test can still be fixed in the production plan, and a passed test is evidence for the batch that actually ships.
