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FCC Lab Restrictions: What Foreign Founders Operating in China Need to Know

The US FCC has voted to restrict Chinese testing labs from 2028. China's Ministry of Commerce responds. Here's what foreign founders with China-based operations should understand about the potential impact on product testing, certification, and market access.

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 measures will prohibit, starting 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.” The ban also covers conducting FCC-related testing, certification, or accreditation activities within those economies.

MOFCOM spokesperson answered a reporter's question on October 30, 2026, outlining China's position. For foreign founders whose companies manufacture, import, or sell electronic products in China—or who rely on Chinese testing facilities for global market access—this development could affect product timelines and compliance strategies.

What the FCC Decision Means for Product Testing

The FCC's action targets the ecosystem of testing and certification that underpins market access for communications and electronic equipment in the United States. Under the new rules, from the end of 2028, labs based in China and other designated “non-reciprocal economies” will no longer be authorized to perform FCC testing, certification, or accreditation work. Companies that currently use Chinese labs for FCC compliance will need to consider alternative arrangements.

MOFCOM notes 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, smart manufacturing products, and related goods worldwide. The spokesperson argued that the US move ignores the objective patterns of global economic development and industrial cooperation, using administrative means to intervene in market choices and pushing for so-called “testing repatriation.” This, MOFCOM says, will raise testing costs for businesses, lengthen product delivery and iteration cycles, and ultimately harm US companies and consumers.

China's Response and the Road Ahead

MOFCOM expressed strong dissatisfaction and firm opposition to the FCC measures. The spokesperson stated that the US has repeatedly introduced China-related restrictive measures, ignoring China's repeated representations and contrary to important consensus reached by the two heads of state. China says these actions seriously damage the interests of China and other trading partners, undermine the stability of China-US economic and trade relations, and disrupt global supply chains. MOFCOM noted that China has already taken countermeasures in response.

According to the spokesperson, China has previously proposed negotiations on a “bilateral mutual recognition agreement” multiple times, but the US attitude has been extremely消极 and negative. MOFCOM reiterated that China's door for resolving issues through consultation remains open. It hopes the US will heed the calls of the industry, respect market rules, and work with China to immediately withdraw the relevant measures. If the US insists on going its own way, China will take further necessary measures to firmly safeguard its legitimate rights and interests.

Practical Implications for Foreign Founders in China

For foreign founders operating companies in China, the FCC decision may affect product compliance strategies for any goods destined for the US market that require FCC certification. Here are key considerations:

• Review your testing arrangements: If your products currently rely on Chinese labs for FCC testing or certification, assess whether those labs will remain authorized after December 1, 2028. Consider whether alternative labs in other jurisdictions may be needed for US market access.
• Budget for potential cost increases: MOFCOM warns that the measures will raise testing costs and lengthen product delivery cycles. Factor possible additional expenses and time into your product development and launch plans.
• Monitor developments: The situation may evolve through bilateral consultations or further policy responses. Stay informed about any changes to the implementation timeline or scope of the restrictions.
• Diversify testing options: For products intended for multiple markets, explore testing facilities in jurisdictions unaffected by the FCC restrictions to maintain flexibility.
• Engage with industry associations: Industry groups may provide updates and advocacy efforts. Keep in touch with relevant associations for guidance.

Foreign founders should also be aware that China's regulatory environment for testing and certification remains robust. Chinese labs continue to play a vital role in global supply chains, and the Chinese government is actively responding to the US measures. Companies may wish to consult with legal and compliance advisors to understand how the FCC rules interact with their specific product categories and target markets.

Conclusion

The FCC's vote introduces new uncertainties for companies using Chinese testing facilities for US market access. While the restrictions take effect in 2028, foreign founders should begin planning now to mitigate potential disruptions. China's MOFCOM has made clear its opposition and willingness to negotiate, but the path forward remains uncertain. Staying informed and adaptable will be key.

This summary is based on information published by the relevant Chinese government website and is general information, not legal or tax advice.

For assistance with registering and operating a company in China, foreign founders can contact ChinaMNC on WhatsApp / WeChat at +86 153 1898 8535.