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FCC Lab Restrictions: What the MOFCOM Response Means for Foreign Founders in China

China's Ministry of Commerce responds to new FCC testing-lab restrictions set to take effect December 1, 2028. A practical read for foreign founders on compliance, certification costs and China entity planning.

Practical Takeaways for Foreign Founders

The US Federal Communications Commission (FCC) voted on October 29, 2026, to restrict testing laboratories, telecommunications certification bodies and laboratory accreditation bodies located in China and other so-called "non-reciprocal economies." The measure takes effect December 1, 2028. China's Ministry of Commerce (MOFCOM) spokesperson responded to reporters on October 30, 2026. For foreign founders running or registering a company in China, the announcement matters most for product certification planning, cost forecasting and the structure of your compliance footprint.

What the FCC Measure Actually Says

• From December 1, 2028, the FCC will stop authorizing testing labs, telecom certification bodies and lab accreditation bodies located in China and other designated "non-reciprocal economies."
• FCC-related testing, certification or accreditation work will be prohibited in those economies.
• The vote took place on October 29, 2026 (US Eastern time).

For a founder whose China entity manufactures or exports communications electronics, smart-manufacturing products or other equipment needing FCC marks, the practical question is where testing will be performed after the effective date. The measure does not ban the products; it restricts where the testing and certification work can be done.

What MOFCOM Said, and Why It Matters to Your Company

The MOFCOM spokesperson said China takes note of the situation and strongly opposes the measure. The statement says the FCC has repeatedly issued China-related restrictive measures despite Chinese representations and contrary to important consensus reached by the two heads of state. MOFCOM said this harms the interests of China and other trading partners, undermines China-US economic and trade stability and disrupts global supply chains, and that China has already taken countermeasures in response.

For founders, the operative point is that the dispute is active and unresolved. Regulatory positions on both sides may change before the 2028 effective date. Build flexibility into your certification strategy rather than locking into a single lab location.

Why China-Based Testing Has Been Part of the Supply Chain

MOFCOM described China's testing laboratories as an important part of the global testing and certification system, providing cost-effective support for the production and trade of communications electronics and smart-manufacturing products. The statement criticized the US for using administrative means to intervene in market choices and for pushing what it called "testing repatriation," arguing this raises testing costs for companies and lengthens product delivery and iteration cycles, ultimately harming US companies and consumers.

For a foreign founder, that translates into a straightforward cost and timeline variable: if your China-made product must be tested elsewhere for FCC purposes, budget for additional logistics, sample shipping, waiting time and possibly higher lab fees. Those costs sit on top of ordinary China entity operating costs.

What This Means for Registering and Running a China Company

The FCC measure does not change China's company registration rules. Nothing in the MOFCOM statement alters entity types, registered capital requirements, business-license procedures or tax registration. A foreign founder can still establish a wholly foreign-owned enterprise (WFOE), a joint venture or a representative office under the same framework as before.

However, the announcement should inform how you scope your business license and operations:

• Business scope: If your China entity performs testing, certification support or technical services, check whether the planned scope covers those activities and whether separate qualification or accreditation is needed.
• Product compliance budget: Factor potential relocation of FCC testing into your first-year operating budget and your product launch timeline.
• Contract terms: For export contracts, clarify which party bears testing costs and which laboratory standards apply after December 1, 2028.
• Countermeasure risk: MOFCOM stated that China has already taken countermeasures and will take further necessary measures if the US proceeds. Monitor official announcements for changes affecting your sector.

Negotiation Track: Bilateral Mutual Recognition

MOFCOM said China has repeatedly proposed discussing a bilateral mutual recognition agreement, but described the US attitude as extremely negative. MOFCOM also said the door to resolving the issue through consultation remains open and urged the US to heed industry calls, respect market rules and withdraw the measures.

For founders, a mutual recognition outcome would likely preserve more flexibility in where testing occurs. Until then, plan for the restriction taking effect as scheduled.

How to Prepare: A Founder's Checklist

• Inventory every product in your China entity's portfolio that requires FCC testing, certification or accreditation.
• Identify which laboratories, certification bodies and accreditation bodies currently handle that work and where they are located.
• Ask current providers how they will serve China-based clients after December 1, 2028, and obtain alternative quotes.
• Review supplier and customer contracts for testing-cost allocation and change-of-law clauses.
• Confirm that your China entity's registered business scope matches the compliance and technical services you actually provide.
• Track MOFCOM and FCC announcements for updates on consultations, mutual recognition talks or countermeasures.

Bottom Line for International Founders

The FCC vote is a trade-compliance issue, not a company-registration barrier. Registering a China entity remains governed by the same rules, but founders in communications electronics and smart manufacturing should treat testing location as a live planning assumption through 2028 and beyond. Build cost buffers, keep contracts flexible and monitor official statements from both governments.

Foreign founders who need help registering and operating a company in China can contact ChinaMNC on WhatsApp or WeChat at +86 153 1898 8535.

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