§  2.1204   Import conditions.

   (a) Radio frequency devices may be imported only if one or more of
   these conditions are met:

   (1) The radio frequency device has been issued an equipment
   authorization by the FCC.

   (2) The radio frequency device is not required to have an equipment
   authorization and the device complies with FCC technical administrative
   regulations.

   (3) The radio frequency device is being imported in quantities of 4,000
   or fewer units for testing and evaluation to determine compliance with
   the FCC Rules and Regulations, product development, or suitability for
   marketing. The devices will not be offered for sale or marketed.

   (i) Prior to importation of a greater number of units than shown in
   paragraph (a)(3) of this section, written approval must be obtained
   from the Chief, Office of Engineering and Technology, FCC; and

   (ii) Distinctly different models of a device and separate generations
   of a particular model under development are considered to be separate
   devices.

   (4) The radio frequency device is being imported in limited quantities
   for demonstration at industry trade shows and the device will not be
   offered for sale or marketed. The phrase “limited quantities,” in this
   context means:

   (i) 400 or fewer devices.

   (ii) Prior to importation of a greater number of units than shown
   above, written approval must be obtained from the Chief, Office of
   Engineering and Technology, FCC.

   (iii) Distinctly different models of a product and separate generations
   of a particular model under development are considered to be separate
   devices.

   (iv) Distinctly different models of a product and separate generations
   of a particular model under development are considered to be separate
   devices.

   (5) The radio frequency device is being imported solely for export. The
   device will not be marketed or offered for sale in the U.S., except:

   (i) If the device is a foreign standard cellular phone solely capable
   of functioning outside the U.S.

   (ii) If the device is a multi-mode wireless handset that has been
   certified under the Commission's rules and a component (or components)
   of the handset is a foreign standard cellular phone solely capable of
   functioning outside the U.S.

   (6) The radio frequency device is being imported for use exclusively by
   the U.S. Government.

   (7) Three or fewer radio frequency devices are being imported for the
   individual's personal use and are not intended for sale. Unless
   exempted otherwise in this chapter, the permitted devices must be from
   one or more of the following categories:

   (i) Unintentional radiator as defined in part 15 of this chapter which
   may include radio receivers, computers or other Class B digital devices
   in part 15 of this chapter.

   (ii) Consumer ISM equipment as defined in part 18 of this chapter.

   (iii) Intentional radiators subject to part 15 rules only if they can
   be used in client modes as specified in § 15.202 of this chapter.

   (iv) Transmitters operating under rules which require a station license
   as subscribers permitted under § 1.903 of this chapter and operated
   under the authority of an operator license issued by the Commission.

   (8) The radio frequency device is being imported for repair and will
   not be offered for sale or marketed.

   (9) The radio frequency device is a medical implant transmitter
   inserted in a person or a medical body-worn transmitter as defined in
   part 95, granted entry into the United States or is a control
   transmitter associated with such an implanted or body-worn transmitter,
   provided, however that the transmitters covered by this provision
   otherwise comply with the technical requirements applicable to
   transmitters authorized to operate in the Medical Device
   Radiocommunication Service (MedRadio) under part 95 of this chapter.
   Such transmitters are permitted to be imported without the issuance of
   a grant of equipment authorization only for the personal use of the
   person in whom the medical implant transmitter has been inserted or on
   whom the medical body-worn transmitter is applied.

   (10) Three or fewer portable earth-station transceivers, as defined in
   § 25.129 of this chapter, are being imported by a traveler as personal
   effects and will not be offered for sale or lease in the United States.

   (b) The ultimate consignee must be able to document compliance with the
   selected import condition and the basis for determining the import
   condition applied.

   [ 56 FR 26619 , June 10, 1991, as amended at  57 FR 38286 , Aug. 24, 1992;
    61 FR 8477 , Mar. 5, 1996;  63 FR 31646 , June 10, 1998;  64 FR 69929 , Dec.
   15, 1999;  64 FR 72572 , Dec. 28, 1999;  69 FR 5709 , Feb. 6, 2004;  74 FR 22704 , May 14, 2009;  78 FR 25162 , Apr. 29, 2013;  82 FR 50830 , Nov. 2,
   2017]