U.S. Authorized Representative Compliance Overview

A seller on the U.S. marketplace reported that their electronic products, although not delisted, were seized by U.S. Customs. The reason? They lacked a U.S. Authorized Representativeand an fcc certificate, making customs clearance impossible.

Similarly, toy products were also detained. Customs required a CPC Certificatefor release; otherwise, they would be classified as non-compliant and destroyed.

So what exactly is a U.S. Authorized Representative? What are FCC and CPC Certifications? Which products require compliance? Let’s break it all down.

Why Register a U.S. Authorized Representative?

A U.S. Authorized Representative (U.S. Agent)is a designated entity or individual based in the United States that assists and represents overseas manufacturers or sellers in communicating with U.S. regulatory bodies (such as the FCC, CPC, etc.) and provides compliance-related services.

This representative plays a key role in product certification, customs declaration, and after-sales support. Some U.S. regulatory bodies (e.g., FCC, CPC, FDA) require sellers to designate a U.S. Agent when applying for complianCE certifications.

In certain situations, such as customs holds, providing complete U.S. Agent information can expedite the resolution. Having a U.S. Agent helps sellers better comply with U.S. regulations and ensures their products can legally and safely enter the U.S. market.

In summary, a U.S. Agent is essential for:

1. Ensuring product compliance

2. Completing certification processes

3. Managing regulatory communication and after-sales matters

What Is a U.S. Authorized Representative?

A U.S. Agentis a legal representative designated by a foreign manufacturer, processor, assembler, or importer before bringing products into the U.S. The representative must be a legally operating business entitywithin the U.S. and cannot be an individual. They must be capable of maintaining continuous communication with U.S. regulatory authorities.

According to regulations from the FDA, FCC, CPSC, and others, products in categories such as medical devices, cosmetics, food, pharmaceuticals, laser products, wireless devices, children’s toys, and maternal/infant products must be registered and assigned a U.S. Agent prior to entering the market.

A valid U.S. Agent must:

1. Have a physical place of business in the U.S.

2. Provide proof of legal existence and active operation (e.g., utility bills or bank statements in the company’s name)

3. Be reachable during standard U.S. business hours via phone or mail—not just by email or a personal address

E-commerce platforms like Amazon, Temu, SHEIN, ZAMAZON, and Walmart require sellers to provide legitimate U.S. Agent information. Using shell companies as U.S. Agents is non-compliantand can result in regulatory rejection and customs seizure.

Who Needs to Register a U.S. Authorized Representative?

You must register a U.S. Agent if:

1. You sell products in the U.S.

2. Your products require compliance with U.S. standards (FCC, CPC, FDA, EPA, DOE, Energy Labeling, etc.)

3. Your manufacturing is done outside the U.S.

Applicable Product Categories:

1. FCC-certified wireless products:

WiFi devices, Bluetooth equipment, smartphones, computers, fax machines, electronic devices, radios, remote-controlled toys, telephones, etc.

2. CPC-certified children’s products:

Toys, cradles, baby carriers, children's clothing, etc.

3. FDA-regulated products:

Medical devices, cosmetics, food, alcohol, drugs, laser products, etc.

4. EPA-regulated pesticide products:

Insecticides, rodenticides, herbicides, antimicrobials, and devices like UV sterilizers, ultrasonic repellents, insect traps, water and air purifiers, etc.

5. Products with U.S. Energy Labeling requirements:

Televisions, refrigerators, freezers, washing machines, air conditioners, dishwashers, water heaters, ceiling fans, pool heaters, heat pumps, furnaces, boilers, etc.

What Are the Risks of Not Having a U.S. Agent?

When exporting products like children’s toys or electronics to the U.S., U.S. Customs and other agencies may randomly inspect shipments. If the seller cannot provide valid U.S. Agent information, the following risks may occur:

1. Goods may be detained or subject to legal action

2. Fines or sales bans may be imposed

3. Seller accounts may face platform restrictions

In addition, platforms like Amazon U.S.require:

1. CPC certificates (with U.S. Agent info) for children's products

2. FCC certificates (with U.S. Agent info) for electronics

Failure to comply may lead to delisting of products.

What Is an FCC Certificate?

The FCC Certificationis mandatory in the U.S. for products that use radio frequency. It applies to items such as:

1. Computers

2. Fax machines

3. Electronic equipment

4. Radios and transmitters

5. Remote-controlled toys

6. Telephones, etc.

To sell such products, you must obtain an FCC Certificate, which must also include valid U.S. Agent information.

What Is a CPC Certificate?

The Children's Product Certificate (CPC)applies to all products designed primarily for children aged 12 and under, including:

1. Toys

2. Cradles

3. Children's clothing

4. Baby carriers, etc.

Without a CPC certificate, U.S. Customs may sample and inspect your goods. If non-compliant, they will be detained.

Amazon U.S.requires CPC certification for all children’s products. Products without a valid CPC cannot be listed or sold.

Due to increasing scrutiny on children’s and electronic products, sellers are strongly advised to obtain the necessary U.S. Agent representation and CPC/FCC certificationsas soon as possible to avoid customs holds and delisting.

What Are the Responsibilities of a U.S. Authorized Representative?

A U.S. Agent’s duties are similar to those of EU or UK representatives and include:

1. Ensuring the represented business complies with U.S. laws and standards

2. Assisting with product registration and ensuring legal market access

3. Ensuring product labeling, packaging, and documentation meet U.S. requirements (warnings, usage instructions, etc.)

Additional responsibilities include:

1. Communicating with U.S. regulatory bodies (e.g., FDA, FCC, CPSC) to resolve compliance issues

2. Supporting the manufacturer's quality management system to meet U.S. standards

3. Recording and reporting product safety and compliance information as needed

4. Serving as a legal point of contact in the U.S. for government bodies and customers

5. Facilitating communication between sellers and authorities/platforms

6. Supporting audits and document submissions

How to Register a U.S. Authorized Representative?

To register a U.S. Agent, follow these steps:

1. Choose a Qualified Agent

Select a reputable, U.S.-registered company familiar with regulatory requirements and experienced in compliance services.

2. Submit Application Documents

Provide information including manufacturer details, product specs, certifications, and operational qualifications.

3. Sign the Representation Agreement

Once approved, sign a formal agreement outlining both parties’ responsibilities.

4. Certificate Validity

The U.S. Agent certificate is valid for one yearand must be renewed before expiration to maintain compliance and service continuity.