FCC Ends Form 740 Filings Requirements; Brokers Named as Potential 'Responsible Party' for Import Compliance

The Federal Communications Commission will end its Form 740 filing requirements for imported radiofrequency devices as of Nov. 2, the agency said in a notice. While the Form 740 will no longer be required, the agency will continue to require compliance with rules for importing RF devices, it said. The FCC "retained the requirement that there must be an entity that assumes responsibility for the compliance of the device and modified the rules to ensure the existence and identity (and a domestic presence under the new [Supplier’s Declaration of Conformity (SDoC)] rules), of such a responsible party." The FCC approved the changes in July (see 1707130045).

The FCC maintained that customs brokers can be a "responsible party" for import compliance despite objections from the National Customs Brokers & Forwarders Association of America (see 1709150004). "The responsible party can be the importer or the consignee or the customs broker," it said. "The Commission noted that customs brokers have the ability to decline to broker shipments for which no other party will take responsibility, and they can take added steps to ensure that their clients follow our rules for shipments they broker (e.g. by requiring a compliance statement from clients or obtaining an indemnification agreement or suitable bonding). The new rule also requires the submission of supporting documentation of compliance upon request by the Commission."

The updated FCC regulations in Section 2.1203 will say "no radio frequency device may be imported into the Customs territory of the United States unless the importer or ultimate consignee, or their designated customs broker, determines that the device meets one of the" import conditions for entry set out in Section 2.1204. The failure to satisfy one of the conditions "may result in refused entry, refused withdrawal for consumption, required redelivery to the Customs port, and other administrative, civil and criminal remedies provided by law." Additionally, whoever makes the determination "must provide, upon request made within one year of the date of entry, documentation on how an imported radio frequency device was determined to be in compliance with Commission requirements."

(Federal Register 11/02/17)