§  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 limited quantities
   for testing and evaluation to determine compliance with the FCC Rules
   and Regulations or suitability for marketing. The devices will not be
   offered for sale or marketed. The phrase "limited quantities," in this
   context means:

   (i) 2000 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) 200 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.

   (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]