§ 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)  200  or  fewer units, provided the product is designed solely for
   operation within one of the Commission's authorized radio services for which
   an operating license is required to be issued by the Commission; or

   (ii) 10 or fewer units for all other products.

   (iii) 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.

   (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 receivers, computers, or other unintentional
   radiators as defined in part 15 of this chapter, are being imported for the
   individual's personal use and are not intended for sale.

   (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]

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