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Customs

Customs Bond

A guarantee that an importer will pay the duties, taxes and penalties it owes to customs.

What is Customs Bond?

A customs bond is a surety contract guaranteeing to customs that the principal, such as an importer, bonded carrier or warehouse operator, will meet its legal obligations, chiefly paying duties, taxes and fees and complying with entry and release rules. A US bond involves three parties: the principal, a surety company approved to write customs bonds, and CBP as beneficiary, with conditions codified in 19 CFR Part 113. Bonds are either single transaction bonds covering one entry, or continuous bonds covering all qualifying transactions for a year at all ports. Separate bond types cover different activities: the basic importation and entry bond (19 CFR 113.62) for importers, custodial bonds for bonded carriers, container stations and warehouses (113.63), and international carrier bonds for vessel operators and NVOCCs (113.64). In the EU the equivalent instrument is the customs guarantee securing an existing or potential customs debt under the Union Customs Code.

Why it matters for forwarders

A US formal entry cannot be released without bond coverage, so a missing or insufficient bond stops cargo at the port. A continuous importer bond is set at about 10 percent of duties, taxes and fees paid in the previous calendar year, with a $50,000 minimum, and CBP can declare it insufficient when duty payments rise, which happens quickly when tariff rates increase. Single transaction bonds must cover entered value plus all duties, taxes and fees, or three times the entered value for goods subject to other agency requirements, which makes them costly for repeat importers. The bond also secures Importer Security Filing compliance and redelivery demands, with liquidated damages of $5,000 per ISF violation and, for duty payment defaults, twice the unpaid amount or $1,000, whichever is greater. Brokers should confirm bond status and sufficiency before filing.

Customs Bond FAQ

Do I need a continuous or a single entry bond?

A single transaction bond suits occasional imports. Importers with regular shipments usually choose a continuous bond, which covers all entries for a year at every US port and is cheaper per shipment.

Who issues a customs bond?

A surety company approved by the US Treasury to write customs bonds issues it, usually through a surety agent or a customs broker. CBP is the beneficiary and can claim against the bond if the importer defaults.

What does a US customs bond guarantee?

The basic importation and entry bond guarantees payment of duties, taxes and charges, production of required documents, redelivery of goods on CBP demand and compliance with Importer Security Filing rules (19 CFR 113.62). If the importer defaults, CBP claims liquidated damages from the surety.

How much does a continuous bond need to cover?

CBP sets it at about 10 percent of the duties, taxes and fees paid in the previous calendar year, rounded in $10,000 steps, with a minimum of $50,000. Above $1 million in duties it is rounded in $100,000 steps.

Sources

  1. CBP Directive 3510-004: Monitoring of importer bonds, U.S. Customs and Border Protection
  2. 19 CFR 113.62: Basic importation and entry bond conditions, Legal Information Institute, Cornell Law School

Rules and figures change. Check the current text with the issuing body before relying on it.

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