Skip to content

Swiss Chinese Law Association — Geneva

SCLA | Swiss Chinese Law Association

Legal Observatory / Trade and Customs

Legal Update Cross-Border Regulatory guidance

MOFCOM Opposes U.S. FCC Restrictions on Chinese Testing Laboratories and Certification Bodies

MOFCOM issued spokesperson's remarks strongly opposing the U.S. FCC's decision to ban testing and certification bodies in China from FCC authorization starting December 1, 2028.

What Changed

  • The U.S. FCC voted on October 29 to approve restrictions prohibiting testing, certification, and accreditation activities in China starting December 1, 2028.
  • MOFCOM stated that China has already taken countermeasures in response to repetitive restrictive actions by the FCC.
  • China called on the U.S. to revoke the measures and engage in consultations, warning that further necessary measures will be taken to protect Chinese interests if the restrictions proceed.

The Ministry of Commerce of the People’s Republic of China (MOFCOM) issued an official spokesperson’s statement responding to a vote by the U.S. Federal Communications Commission (FCC) restricting testing and certification entities located in China. The decision affects telecommunications electronics manufacturers, intelligent manufacturing firms, laboratory accreditation bodies, telecommunications certification bodies, and independent testing laboratories operating in mainland China and other designated "non-reciprocal economies," as well as global and U.S. businesses relying on cross-border supply chains.

On October 29, the U.S. FCC voted to approve measures scheduled to take effect on December 1, 2028. These measures will prohibit the authorization of testing laboratories, telecommunications certification bodies, and laboratory accreditation bodies located in China and other so-called "non-reciprocal economies." Additionally, the measures will ban FCC-related testing, certification, and accreditation activities conducted within these jurisdictions.

In response, MOFCOM expressed strong deploration and rejection of the FCC's action, stating that China has already taken countermeasures. The MOFCOM spokesperson noted that Chinese testing laboratories form an integral part of the global testing and certification framework, providing cost-effective support for international trade in communications electronics and intelligent manufacturing. According to MOFCOM, the U.S. initiative forces an "onshoring of testing services" through administrative intervention, which disregards market principles and the international division of labor. MOFCOM warned that these measures will increase testing expenses for enterprises, lengthen product delivery and iteration timelines, and ultimately harm U.S. businesses and consumers.

MOFCOM further stated that China has repeatedly proposed negotiations on a bilateral mutual recognition agreement (MRA), but the U.S. side responded with a passive and negative attitude. Despite the ongoing dispute, China remains open to resolving issues through consultations and urged the U.S. to immediately revoke the measures. MOFCOM added that if the U.S. insists on proceeding, China will take further necessary measures to safeguard its legitimate rights and interests.

Who May Be Affected

Telecommunications electronics manufacturers, intelligent manufacturing companies, testing laboratories, telecommunications certification bodies, and laboratory accreditation bodies in mainland China and the U.S.

Cross-Border Context

The decision disrupts cross-border testing and certification services for communications and electronic products traded between mainland China and the United States.

What to check next

  • Monitor formal regulations issued by the U.S. FCC regarding testing lab prohibitions.
  • Track further announcements from MOFCOM regarding specific countermeasures taken or planned by China.

This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.

Keep the issues that matter to you in view

Subscribe to SCLA updates and choose your interests.