The FCC Has Added Foreign-Produced Robots and Power Inverters to the "Covered List," Effectively Barring Imports

Tweet

Jul. 30, 2026
By: David G. Forgue

In 2019 Congress passed the Secure and Trusted Communications Networks Act, intended to protect United States infrastructure and national security from malicious foreign actors in communications networks. The act has been used to make both entity-specific prohibitions, and product-specific prohibitions. However, on July 28, 2026 two potentially consequential product-specific actions were announced, covering “foreign-produced power inverters” and “foreign-produced advanced robotic devices.” See the FCC’s FAQ here.

POWER INVERTERS

Covered power inverters are defined as a device that is a:

(a) A bi-directional power device or system that converts direct current electricity to alternating current electricity, or converts alternating current electricity to direct current electricity, to include microinverters, string inverters, central inverters, and hybrid (battery-based) inverters; and

(b) Contains components that enable remote communication, control, sensing, data collection, or monitoring through Wi-Fi, cellular, Bluetooth, or other similar connections.

Goods that meet this definition are prohibited from receiving new FCC approval, which is necessary for U.S. importation. The country of origin of the foreign-produced power inverter is not relevant, since the FCC action is country neutral. However, it should be noted that the FCC action does not prohibit the import, sale, or use of any existing devices models that have previous valid FCC approval.

ROBOTIC DEVICES

Covered advanced robotic devices are defined as

(A) A mechanical mobile device, including autonomous mobile robots, humanoid robots, and quadrupeds, that –

(i) Is capable of locomotion, obstacle avoidance, navigation, or movement on the ground;

(ii) Operates at a distance from a human operator or supervisor based on commands or in response to sensor data or any combination thereof; and

(iii) The combined weight of the device and, if applicable, ground station or docking station is over 4.4lbs; and

(iv) Contains a component falling within each of the below subparagraphs:

(i) a sensor capable of perceiving its environment;

(ii) a component that is capable of providing network connectivity (wired or wireless, including Bluetooth/WiFi, cellular, or satellite) with connection speeds of at least 200 kbps in either direction; and

(iii) software running either locally or remotely, including firmware and AI or machine-learning model weights, that controls the robot’s autonomous navigation or movement perception, data collection, or remote command-and-control; and

(B) Does not include:

(i) A “connected vehicle,” as that term is defined in 15 CFR § 791.301, but including a connected vehicle of any gross weight;

(ii) A vehicle operated only on a rail line;

(iii) An “uncrewed aircraft” or “uncrewed aircraft system,” as defined in 47 CFR § 7 88.5;

(iv) An unmanned underwater vehicle that is able to operate without a human occupant;

(v) Items that are classified as devices under section 513 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §360c), including surgical instruments, components, and ambulatory and mobility assistive devices (such as canes, crutches, walkers, and wheelchairs), whether or not powered, and whether the item was cleared under section 510(k), approved under section 515, classified under section 513(f)(2), or exempt from premarket notification; and

(vi) A fixed, stationary, non-mobile robot, including articulating, parallel/delta, Cartesian/gantry, or Selective Compliance Assembly, or Articulated, Robot Arm (SCARA) robots intended for industrial or medical use.

Depending on the industrial user, the exclusion under (B)(vi) for certain industrial robots may be extremely important. Goods that meet this definition are prohibited from receiving new FCC approval, which is necessary for U.S. importation. The country of origin of the foreign-produced advanced robotic device is not relevant, since the FCC action is country neutral. However, it should be noted that the FCC action does not prohibit the import, sale, or use of any existing devices models that have previous valid FCC approval.

CONDITIONAL APPROVALS

While the FCC action establishes a prohibition on new approvals for covered articles, there is a Conditional Approval process for power inverters and for advanced robotic devices. Importantly, one element of the Conditional Approval process for each product is detailed information about plans to move production to the United States. Therefore, depending on the company, Conditional Approval may represent a commitment to a change in corporate activity, with large investment and new facilities. It is not a pro forma exemption request and should not be treated as one.

If you have any questions regarding these actions and whether your articles are subject to them, do not hesitate to contact any attorney at Barnes, Richardson & Colburn, LLP.