What is FCC US Agent?

A seller reported that he sells electronic products on Amazon US. Although his listings have not been taken down, his goods were detained by customs. The goods cannot be released for circULation without a "US Authorized Agent" and "fcc certificate".

It is understood that toy products were also detained at the same time. Customs requires the presentation of a CPC Certificate for release; otherwise, the products will be deemed non-compliant and destroyed!

So, what is a US Authorized Agent? What are FCC and CPC? Which products require this compliance? Today, let's follow our guide to find out!

Necessity of Registering a US Agent

A US Agent refers to a United States Agent. In cross-border e-commerce, it refers to an agency or individual established in the United States that is responsible for assisting and representing overseas manufacturers or sellers in communicating and negotiating with relevant US authorities (such as FCC, CPSC, etc.) and providing related support services.

US Agents play a key role in product certification, customs declaration, after-sales service, and other aspects.

In the United States, some products need to pass certifications such as FCC (Federal Communications Commission) or CPC (Consumer Product Safety Commission) before being sold on the market to ensure compliance with relevant regulations and standards. To complete these certifications, cross-border sellers usually need to provide US Agent information to have a legal representative in the United States to handle certification-related matters.

In addition, US Agents provide support in commodity transportation and customs clearance. In some cases, if goods are detained by customs, providing complete US Agent information may help sellers resolve the issue more smoothly. The existence of a US Agent helps sellers better comply with relevant US regulations and ensure the compliance of their products in the US market.

In summary, US Agents play an important role in ensuring product compliance, successfully completing the certification process, and addressing after-sales issues, especially for cross-border sellers looking to sell products in the US market.

What is a US Agent?

A US Agent (United States Agent) refers to a qualified US-based agent that must be designated by a foreign entity engaged in manufacturing, processing, breeding, compounding, or importing products into the United States. The US Agent shall not be an individual but must be a stable organization or company capable of communicating with regulatory authorities 24/7.

Regulations from US authorities such as FDA (Food and Drug Administration), FCC (Federal Communications Commission), and CPSC (Consumer Product Safety Commission) stipulate that foreign sellers involved in fields such as medical devices, cosmetics, food, pharmaceuticals, laser products, wireless products, children's toys, and maternal and infant products must register and designate a US Agent before entering the US market to handle communication for emergencies and daily affairs.

The US Agent must have a commercial place of business in the United States with US-based proof documents. These documents shall verify the actual existence and normal operation of the US Agent company, such as corporate bank statements or utility bills issued under the company name. The US Agent must also be able to answer calls or receive correspondence during normal US business hours, and shall not use other non-compliant methods such as email only, voice calls, or personal addresses.

Therefore, e-commerce platforms such as Amazon, TEMU, SHEIN, ZAMAZON, and WALMART must also comply with local US regulations and require sellers to provide qualified US Agent information. It is an illegal act for any merchant to use a shell corporation (a company without actual operations) as a US Agent. Using a shell corporation will be rejected by regulatory authorities and platforms, and the goods will be detained by customs.

Which Sellers Need to Register a US Agent?

Sellers in the following situations must register a US Agent:

①　Selling goods within the United States;

②　The sold goods need to comply with US certification standards such as FCC, CPC, FDA, EPA, DOE, Law Label, and Energy Star;

③　The manufacturer of the goods is located outside the United States.

④　Scope of Application Includes:

⑤　Selling radio products certified by US FCC:

⑥　Examples include WiFi devices, Bluetooth devices, mobile phones, computers, fax machines, electronic devices, radio transmitting and receiving equipment, radio-controlled toys, telephones, etc.

⑦　Selling children's products certified by US CPC:

⑧　Such as toys, cradles, baby carriers, children's clothing, etc.

⑨　Selling products certified by US FDA:

⑩　Including medical devices, cosmetics, food, alcohol, pharmaceuticals, laser products, etc.

⑪　Selling products certified by US EPA:

⑫　Involving pesticide products such as insecticides, rodenticides, herbicides, fungicides, repellents, antiMICrobial pesticides, etc.

⑬　As well as pesticide devices such as ultraviolet devices, sound generators, insect traps, ground vibrators, water treatment devices, air treatment devices, etc.

⑭　Selling products certified by US Energy Label:

⑮　Examples include televisions, refrigerators, freezers, washing machines, room air conditioners, central air conditioners, dishwashers, water heaters, ceiling fans, pool heaters, heat pumps, furnaces, boilers, etc.

What are the Potential Risks of Not Having a US Agent?

When exporting goods such as children's toys and electronic products to the United States, they are usually subject to random inspections by US Customs and other government agencies. These agencies require exporters to provide contact information and other details related to the US Agent. Failure to provide US Agent information may result in the following potential risks:

①　Goods being detained or facing legal prosecution;

②　Risk of fines or product bans;

③　Possible restrictions on store privileges.

In addition, e-commerce platforms such as Amazon require sellers of children's toys to provide a CPC Certificate with US Agent information, and sellers of electronic products to provide an FCC Certificate with US Agent information; otherwise, the platform will take down the relevant products.

What is an FCC Certificate?

FCC is a mandatory US certification that regulates the import and use of radio frequency devices, including computers, fax machines, electronic devices, radio receiving and transmitting equipment, radio-controlled toys, telephones, personal computers, and other products that may endanger personal safety. Sellers of the above-related products must provide an FCC Certificate.

It should also be noted that FCC requires the provision of US Agent information.

What is a CPC Certificate?

A Children's Product Certificate (CPC) applies to all products primarily intended for use by children aged 12 and under, such as toys, cradles, children's clothing, etc.

For children's products without a CPC, if customs conducts random inspections on the goods, they will be deemed non-compliant, leading to detention.

In addition, CPC Certification is mandatory for children's products on Amazon US; products cannot be listed and sold on the platform without CPC certification.

Recently, the US has strengthened compliance inspections on electronic products and children's products. To avoid situations such as goods detention and product removal, we recommend that all sellers complete the registration of a US Authorized Agent and the application for CPC/FCC Certificates as soon as possible.

What are the Responsibilities and Roles of a US Agent?

The responsibilities of a US Agent are similar to those of EU Agents and UK Agents, mainly including:

①　Ensuring that the products and business activities of the represented enterprise in the US market comply with relevant US regulations and standards;

②　Assisting manufacturers or sellers in product registration to ensure legal sales in the United States;

③　Ensuring that product labels and packaging comply with US regulations and requirements, including necessary logos, warnings, usage instructions, and other information.

④　In addition, US Agents also assume the following responsibilities:

⑤　Assisting in communication with US regulatory authorities such as the Food and Drug Administration (FDA) to resolve compliance issues and regulatory matters.

⑥　Supervising and assisting manufacturers in maintaining product quality management systems to ensure product quality meets US standards.

⑦　Recording and reporting information on product safety and compliance for submission to regulatory authorities when requiRED.

⑧　Acting as the legal representative of non-US enterprises in the US market to provide necessary information and documents to regulatory authorities and customers.

⑨　Assisting official institutions such as FDA, FCC, CPSC, and major platforms in communicating with cross-border sellers, serving as a communication bridge between cross-border enterprises, relevant US departments, and consumers.

⑩　Responding to inspections by platforms or relevant official institutions, assisting cross-border enterprises in completing audits, submitting materials, and transmitting documents; coordinating information exchange with relevant departments, providing feedback, and promoting the resolution of related issues.

How to Apply for a US Agent?

The process of applying for a US Agent involves the following steps:

①　Select a Compliant Agent

②　First, you need to find a qualified US Authorized Agent, usually a company registered in the United States. Ensure the company has rich experience and is familiar with the relevant policies and requirements of regulatory authorities. (China JJR Laboratory provides this service at a cost of less than $300. Welcome to inquire.)

③　Submit Application Documents

④　Submit application materials including manufacturer information, product information, registration certificates, production qualifications, etc. The agent company will evaluate your eligibility based on these materials.

⑤　Sign the Agency Agreement

⑥　Once the application is approved, you will need to sign an agency agreement with the US Authorized Agent to clarify the rights and responsibilities of both parties and ensure the smooth progress of subsequent work.

⑦　Application Validity Period

⑧　After obtaining the US Agent agreement and certificate, the validity period is 1 year (a complete annual cycle). Before expiration, you can apply for renewal to ensure the continuity of certification and services during this period.