This paper describes an actively-controlled frequency selective surface (FSS) to implement a backscatter transponder. The FSS is composed by dipoles loaded with switching PIN diodes. The transponder exploits the change in the radar cross section (RCS) of the FSS with the bias of the diodes to modulate the backscattered response of the tag to the FMCW radar. The basic operation theory of the system is explained here. An experimental setup based on a commercial X-band FMCW radar working as a reader is proposed to measure the transponders. The transponder response can be distinguished from the interference of non-modulated clutter, modulating the transponder’s RCS. Some FSS with different number of dipoles are studied, as a proof of concept. Experimental results at several distances are provided.