The collateral is the financial instrument to secure the surety’s liability under the bond. for all entries during the bond period. The surety would only release the bond after receipt of the collateral.

When required, the surety would usually accept in one of three methods.

Letter of credit issued by an approved U.S. bank exactly according to the format provided by the surety’s legal team. Arrangements between the bank and the importer is not the concern of the surety or their representatives.
A certificated check to be held be the surety. No interest provided.
A wire transfer of money to the surety. No interest provided.

The collateral would be held until all entries are liquidated, which indicates that no future call would be made on the bond (even though CBP has legal ability to enact a penalty up to five years after the liquidation of the entry).

WARNING: This Q&A is for descriptive purposes only. We are not offering legal advice of legal interpretation. Information is subject to change without notice. Contact us with any questions or for additional information. Some of the information is derived from the CBP and other web-sites.

What is a CBP bond – Beneficiary, Surety and Principal

What is a CBP (U.S. Customs) Bond and what does it cover?

A CBP (U.S. Customs) bond is a contract that is given to insure the performance of an obligation or obligations imposed by law or regulation. A bond is like an insurance policy that guarantees payment to U.S. Customs and Border Protection (CBP) if a required act is not performed. Bonds have a number of uses in CBP. The most common use allows importers to take possession of their goods before all CBP formalities are completed. Another common use allows a carrier to move goods under bond from one place to another before those goods are actually entered for consumption with duties paid. All parties that import merchandise into the United States for commercial purposes or transport imported merchandise through the United States must have a CBP (U.S. CUSTOMS) Bond. CBP has the authority to require bonds under title 19, United States Code, section 1623. Most Customs bonds are taken under that authority. In addition, there are a few statutes that specifically require Customs to get a bond from a person who wants to engage in certain transactions.

Who are the parties to a CBP (U.S. Customs) bond?

There are three parties to a CBP bond: the principal, the surety and the beneficiary:

The principal on a bond can be an importer, a broker, a carrier, a bonded warehouse proprietor, a foreign trade zone operator or any one of a number of other parties that seek to do business with CBP. The principal is responsible to the CBP to insure satisfactory performance of obligations that it undertakes.

The surety is normally an insurance company that has been authorized by the Department of the Treasury for CBP to accept the surety’s bonds. The surety agrees to pay any liability that might arise from the principal's failure to perform its obligations.

CBP is the beneficiary on all the bonds it authorizes.

What are the main types of CBP (U.S. Customs) bonds?

Continuous Transaction Bond (code 1) is a self-renewing term Importer Entry Bond, which covers all Customs transactions through all ports of the country for an importer. The bond amount for a continuous bond is determined by taking multiples of $10,000 nearest 10% of duties, taxes and fees paid by an importer during the last calendar year. The minimum continuous bond amount is $50,000. This bond is valid until it is terminated by the principal or the surety.

Single Entry Bond is a one-time Importer Entry Bond for a particular import shipment, which can only be used for one Customs transaction. The bond amount for a single transaction bond is equal to the total entered value of the merchandise plus all duties, taxes, and fees. However, if the merchandise is subject to other government agency requirements or visa/quota requirements, the bond amount would be equal to three times of the total entered value.

Drawback Payment Bond (continuous bond code 1A) allows an importer to obtain a refund of 99% of the duties paid on imported goods upon providing proof these goods were exported.

Custodian of Bonded Merchandise (continuous bond code 2) covers the activities of bonded merchandise warehouses, carriers and container stations. All of these business types are responsible in the course of their activities for merchandise which has not yet been entered into the commerce of the United States and on which duties are still due. Such goods are referred to as being in-bond.

International Carrier Bond (continuous bond code 3) ensures operators properly manifest all goods and passengers they carry, pay for the overtime services of Customs officers and comply with all regulations related to the clearance of their vehicles. Also, this bond can be used for compliance with users of the AMS system.

Foreign Trade Zone Bond (continuous bond code 4) is considered non-U.S. territory for Customs’ purposes and foreign goods placed into the FTZ may be manufactured, manipulated, repacked or exported without paying duties.

Who is responsible for obtaining the bond? The United States’ importer of record is responsible for obtaining the bond. When a bond is required, Customs will not release the goods until the bond is posted and Customs and/or other federal regulatory requirements are met. An importer must have an importer number first.

What is an Importer Number?

The importer number (requested on Customs and Border Protection (CBP) entry paperwork) is usually the IRS business tax number assigned to that business or a personal social security number.

The regulations governing the issuance of an importer number are in 19 CFR 24.5.

How to Import into the U.S. without a U.S. Entity?

It’s actually a relatively straightforward process and simply requires a few additional documents from your company to verify your business’s legitimacy.

What you ultimately need to import into the U.S. is to be established as a Foreign Importer of Record. To do so, you will need a Customs Assigned importer of record number and a Customs bond.

Your Customs broker can help you obtain a Customs Assigned Number. You will be asked to provide:

· a Customs’ Power-of-Attorney must be signed by two officers of the company. Your broker will provide this document to you. Typically Powers of Attorney only need one signature, but in this case, the second signatory would essentially verify the identity and authority of the first.

· a copy of your Articles of Incorporation

· a copy of the document that empowers the officers with authority to sign the Power of Attorney, if this isn’t already specified in the Articles of Incorporation

· scans or pictures of the IDs of the two signatories

Once provided with all this information (and depending on the broker, perhaps some other details as well), the Customs broker can apply for the Customs Assigned Number under which you can get a Customs bond and – with the typical documents required for importing – ship your goods into the U.S.

Since the importer number is unique, if the importer changes their employer ID number, a new importer number has to be filed with the CBP and new bond would need to be issued.

Where are CBP (U.S. CUSTOMS) bonds filed?

Single Entry bonds and Continuous Transaction Bonds are filed electronically with the Revenue Division in Indianapolis, Indiana. The bond centralization effort will include the filing, approval and maintenance of all Continuous Transaction Bonds. The major objectives of the program are uniformity, bond sufficiency and fair and consistent application of regulations and policies. The information that is in the CBP database is what is critical. The physical reproduction in a bond format has no authority but is usually provided as a physical representation from the time of electronic filing.

Is it possible to list multiple principals on the same CBP (U.S. Customs) bond?

CBP (U.S. Customs) does allow separately incorporated entities to be listed on the same bond as co-principals as long as the entities each have the same distinct legal status, such as corporations, partnerships or sole proprietorship. It is important for a company to understand the advantages and disadvantages of listing multiple entities on the same bond

In some situations, the issuance of this one bond in lieu of multiple bonds would result in a premium savings.

However, when listing multiple entities on the same bond, each entity becomes jointly and severally liable for the other entities listed on the bond. Therefore, if a claim is made, Customs would be able to compel all parties listed on the bond to pay the claim irrespective of which principal caused the claim. This is potentially the most troublesome aspect of joining entities on the bond as co-principals.

2. How to get and file a CBP (U.S. Customs) bond.

How does one apply for a CBP (U.S. Customs) bond?
Applying for a CBP (U.S. Customs) bond is simple. Complete our one-page application. Our office can submit the completed bond with Customs & Border Protection (CBP) prior to the current bond's effective date (if a bond is already in place). The new effective date stays the same and nothing changes in your importer practices. We file the bond in accordance with CBP requirements and provide a reproduction of the electronic-filed bond with the assigned CBP (US Customs) bond number.

How long does it take to put the continuous CBP (U.S. Customs) bond into force? Once submitted to US Customs, the bond is processed electronically and if accepted, usually registered in the database within two hours.

What are the CBP (U.S. Customs) bond limits and how are they set?

Continuous Transaction Bond

All Continuous Transaction Bond are set by the Revenue Division of the National Finance Center in Indianapolis, Indiana. “Monetary Guidelines For Setting Bond Amounts” are on the CBP website at https://www.cbp.gov/document/directives/3510-004-monetary-guidelines-setting-bond-amounts

The minimum bond amount for continuous bonds is generally $50,000. For importers (code 1), the minimum continuous bond amount is $50,000 or 10 percent of the total duties, taxes and fees paid in the previous 12-month period, whichever is greater. The imported values do not factor into the required limits. A different formula is used when anti-dumping entries are involved.

Please note that all bond amounts will be rounded up to the next whole dollar amount in multiples of $10,000 up to $100,000. After that the limit is increased by $100,000.

Examples: Up to $500,000 in annual duties and fees, a minimum $50,000 limit is adequate.

Between $500,000 and $600,000 duties, then a $60,000 bond is required

Between $1,000,000 and $2,000,000 duties then a $200,000 bond is required.

Single Entry Bond

Single Entry Bond amounts are set by the port director who accepts the bond. The bond amount for a single-entry bond generally is not less than the total entered value plus all duties, taxes, and fees. If merchandise is subject to other federal agency requirements or is restricted merchandise, the bond amount set is not less than three times the total entered value of the merchandise. Generally, only a registered Customs House Broker may obtain this bond for an importer (code 1).

Drawback Payment Bond

(continuous bond code 1A) allows an importer to obtain a refund of 99% of the duties paid on imported goods upon providing proof these goods were exported.

Custodian of Bonded Merchandise

(continuous bond code 2) covers the activities of bonded merchandise warehouses, carriers and container stations. All of these business types are responsible in the course of their activities for merchandise which has not yet been entered into the commerce of the United States and on which duties are still due. Such goods are referred to as being in-bond.

International Carrier Bond

(continuous bond code 3) ensures operators properly manifest all goods and passengers they carry, pay for the overtime services of Customs officers and comply with all regulations related to the clearance of their vehicles. Also, this bond can be used for compliance with users of the AMS system.

Foreign Trade Zone Bond

(continuous bond code 4) is considered non-U.S. territory for Customs’ purposes and foreign goods placed into the FTZ may be manufactured, manipulated, repacked or exported without paying duties.

3. What can happen after the CBP (U.S. Customs) bond is filed?

What are the importer’s obligations for a CBP (U.S. Customs) bond?

CBP (U.S. Customs) bond conditions appear in the CBP Regulations at title 19, Code of Federal Regulations (CFR), Sub-part G of Part 113. The CBP Form 301 employs a check-off that incorporates the bond text by reference. Bond conditions impose obligations that are otherwise required by statute or regulation.

CBP are intended to reflect the obligations associated with the types of transactions engaged in by the bond principal. An importer of merchandise has different legal obligations to the Government than does a custodian such as a carrier, a cartage operator, or a warehouse proprietor who does not own the merchandise that it stores or transports. A person who makes a claim for drawback under the exporter’s summary procedure or who requests accelerated payment of drawback has a different set of obligations to the Government than does a master of a vessel that arrives in the United States from a foreign country.

For example, an importer’s bond obligations require him, among other things, to pay duties and submit entry summary documentation at the times required by law, and to redeliver merchandise to CBP upon a lawful demand. The basic custodial bond requires that the custodian of bonded merchandise (which would include bonded carriers, bonded warehouse proprietors, duty-free store operators, container freight station operators, and other custodians of merchandise) comply with regulations relating to the receipt, carriage, safekeeping and disposition of bonded merchandise, maintain all records required by regulations relating to such merchandise and produce the records upon demand by a CBP officer

What happens if the obligations under the CBP (U.S. Customs) bond are not met?

If an importer (principal) fails to perform its obligations under the bond, CBP may assess a claim against the principal and surety under the terms and conditions of that bond. The claim may be for breach of an obligation to pay duties. In that case, CBP may make a claim for unpaid duties under the bond. If the principal breaches a different condition of the bond, CBP may issue as claim for liquidated damages. The amount of liquidated damages is established by the conditions of the bond. In no case can a claim for liquidated damages exceed the amount of the bond that appears on the CBP Form 301.

If the bond principal cannot or will not perform its obligations, CBP can make demand for payment on both the principal and the surety. Both the bond principal and surety are “jointly and severally” liable for any claims made under the bond, including claims for liquidated damages. That means CBP will accept payment from either party in satisfaction of the claim. If the surety pays CBP, it can make a legal claim for payment against the bond principal, but CBP is not a party to that action. The importer can be placed on CBP Sanctions List which does not allow further entry approvals.

What is the maximum liability for the CBP (U.S. Customs) bond?

Continuous CBP (U.S. Customs) bonds remain in force from the effective date until terminated.

The importer remains responsible for all financial obligation regardless of the bond limit.

The bond limit is only maximum limit of obligation for the surety for each bond year (or partial therein). The bond does constitute a “separate” bond limit for each period of one year beginning with the original effective date. Thus, the liability to the surety is “stacked” each year.

Example: $50,000 bond effective 1/1/19.

For entries from 1/1/19 till 12/31/19, a $50,000 bond limit of liability applies.

For entries from 1/1/20 till 12/31/20, a separate $50,000 bond limit applies.

Thus, the surety has a total potential liability of $100,000 for this example.

Therefore, the surety has total liability of the stacked-bonds’ limits for the number of years the bond is in force which influences underwriting of the bond.

How can one renew a CBP (US Customs) bond?

Continuous bonds to CBP (U.S. Customs) do not have an expiration date. They are valid until terminated (or CBP placing the bond into insufficient status).

The insurance company requires an annual payment of premium charge. If not paid, the surety would release termination of the bond.

If paid, a new bond is not issued each year. The only way to verify if a bond is in force is to run a query with CBP (U.S. Customs). Such a query would verify if the bond is in force as of that date.

What does "termination" of a CBP (U.S. Customs) bond mean?

Termination of a bond means that the term of the bond has ended. No further liability can be claimed against that bond for new transactions, but termination of the bond would have no effect on any obligation arising under any transaction occurring prior to termination. A bond may be terminated by the surety or the principal and appropriate notifications must be given to CBP. A notice of termination requires at least 15 days’ prior notice to be acceptable. See the provisions of section 113.27 of the CBP Regulations for more information.

What is an “insufficient” bond status?

Only CBP can place a bond into insufficient status which means the bond still exists, but entries cannot be made until the bond is placed back into sufficient status. A bond can become insufficient for a variety of reasons, including massive outstanding debts or claims, a large or risky entry, a bad address (return of USPS mail) or inadequate bond limit. Sometimes CBP provides notice of 15 days and sometimes the bond become insufficient without notice.

Note: a bond is not subject to any form of deficiency of limits due to the amount of import value or of import duties. No matter the volume of the imported values or duties paid, if a bond is sufficient, any import can be made under the bond. Bond limits are not subject to depletion.

What if CBP (U.S. Customs) issues a letter of insufficiency?

CBP (US Customs) determines based on the past 12 months of duties, taxes and fees that the current bond limit is no longer adequate. CBP (US Customs) then sends a letter of insufficiency to the importer per the address in the database and usually a copy to the surety. Usually, US Customs allows time to rectify the situation.

Once the letter has been sent, the importer has three options:

1. If no action is taken, then 15 days after the date of the letter, the current bond would be placed into insufficient status. The bond would remain, but no entries would be allowed under the bond.

2. If within 15 days of the date of the letter, the surety submits a termination request to be effective no later than 30 days after the date of the letter. This would allow the bond to be sufficient until the bond is terminated.

3. Any surety can submit a bond with the minimum bond limit required in the letter to be active after the termination date of the current bond.

As a reminder, the amount in the letter is the minimum required amount CBP will accept. The importer should be forecasting their next 12 months of import activity to determine if they need a bond limit higher than the amount given by CBP.

How can one change the name or address on the bond?

All importer name and address updates will need to be processed via the 5106 record in ABI by a Customs House Broker. (The surety cannot assist in this matter) Once done the update would apply across all the platforms in the database, including the bond data.

4. OTHER ASPECTS OF THE CBP (U.S. CUSTOMS) BOND.

What is reconciliation rider?

Reconciliation is a customs process in which participation requires a principal to add a special rider to their continuous importer bond. It allows an importer to estimate the value of goods entering the U.S. and pay any duties, taxes and fees based on that amount. After a period of 18-21 months, when the importer has determined the actual value of the products imported, the importer informs CBP (U.S. Customs) of this total. CBP (U.S. Customs) will recalculate the duties, taxes and fees based on this information and the entry will be liquidated, with a bill or refund to the importer. Sureties surcharge for the additional risk.

What is the Periodical Monthly (PM) Statement and why an extra charge?

This option to an importer allows the payment of duties, taxes and fees to be paid on a monthly 15 days after the end of the prior calendar month (rather than with each transaction). Financial benefit to the importer of interest-free loan and cash-flow advantage. Disadvantage to the surety of increased risks of liquidated damages and penalties. Thus, most sureties surcharge for this risk, which still allows financial gain for the importer.

What are Anti-dumping (AD) & Countervailing (CV) duties?

Dumping occurs when foreign manufacturers sell goods in the United States less than fair value, causing injury to the U.S. industry. AD cases are company specific; their duties are calculated to bridge the gap back to a fair market value.

CVD cases are established when a foreign government provides assistance and subsidies, such as tax breaks to manufacturers that export goods to the U.S., enabling the manufacturers to sale the goods cheaper than domestic manufacturers. CVD cases are country specific, and the duties are calculated to duplicate the value of the subsidy.

When either of these occurs, petitions are filed by U.S. manufacturers or businesses with the International Trade Commission (ITC). If the ITC finds evidence of injury to the U.S. industry, the Department of Commerce (DOC) does an investigation. If the results are positive, CBP withholds liquidation of entries and collects AD/CVD duties. The entries are not liquidated until the DOC instructs CBP headquarters to do so.

How can one obtain a list of goods by country subject to ADD/CD?

One can obtain a list of goods that are subject to Anti-dumping or Countervailing duties on the Department of Commerce website.

http://web.ita.doc.gov/ia/CaseM.nsf/136bb350f9b3efba852570d9004ce782?OpenView

What authority does anyone have to have ADD/CD entries under a bond?

Any bond involving ADD/CD must receive prior approval from the insurance company. To submit for approval, please complete and provide a completed general bond application, a completed anti-dumping questionnaire, and the latest business financial statement. In many instances, collateral will be required.

Does ADD/CV entries pose a larger risk to the insurance companies?

These cases generally remain open for many years and often result in the government seeking substantial additional duties from the importer upon liquidation (up to 250% or more additional duties). In many cases, the importer is not able to pay the government (might even be out of business). Thus, the quantity and quality of claims involving ADD/CV bonds is far higher than standard bonds and are of great concern to the insurance companies.

5. UNDERWRITING –THE RELATIONSHIP BETWEEN SURETY AND PRINCIPAL FOR CBP (U.S. CUSTOMS) BOND.

What charges does the Surety make?

US Customs is not involved in any premium charges made by any surety to a customer. US Customs administrates and collects the financial obligations for imports.

This is a charge made by the surety to the company that is the assigned payor for charges for each bond. The insurance company establishes the charges for any bond based on many risk items. For example, the surety charges more for a $100,000 bond than for a $50,000 bond.

They also charge additional for a bond with anti-dumping entries or a reconciliation rider, Periodical Monthly Statement, or for a warehouse bond, etc.

Basically, the insurance company charges a standard fee for standard exposures to loss. They add surcharges for those particular risks with additional exposures and do not make all bond holders pay extra to cover these exposures which only a few have.

Another insurance example: Insurance companies charge extra for home insurance in the brush area that has more exposure to fire loss or for earthquake insurance in high-risks zones. They also charge more for auto insurance if there is a young driver in the household, etc.

How often is there a charge for the CBP (U.S. Customs) bond?

The surety for the Continuous bond generally have an initial charge and an annual charge thereafter. There are options for discounted rate for pre-payment of multiple years (up to five years).

What are possible surcharges for the CBP (U.S. Customs) bond?

Generally, the surety may issue a surcharge for Periodical Monthly Statement usage, for anti-dumping entries, reconciliation riders. Many charges are fully earned.

What are the typical credit terms for the CBP (U.S. Customs) bond?

The invoice for the bond on behalf of the surety for the initial charge is either paid in advance or within 15 days of the invoice date. The anniversary invoice is sent about 2-3 months in advance of the anniversary date. The payment is due at least 30 days prior to the anniversary date. The surety has to provide a minimum 15 days’ prior notice to terminate the bond, if payment is not made timely.

How are CBP (U.S. Customs) bonds approved by the surety?

Generally, a minimum $50,000 bond is subject to immediate approval. Larger limit bonds may require submission of a completed and importer-signed application and financial statement to obtain approval. This process of approval can take 2-5 working days.

The basic philosophy of a surety company, before issuing a bond, is to theoretically secure their entire interest against the possible loss from the demand from CBP. Thus, ideally, the surety would only approve a bond when secured fully, such as by collateral (instrument to recover amount of payment).

However, the surety can obtain enough of a degree of “comfort” to allow release of a bond with reduced or no collateral. This can be achieved by a combination of factors, including but not limited to: financial ability of to importer to satisfy the financial obligations to CBP, history, type of commodity, additional indemnitor, etc.

What is an indemnity agreement CBP (U.S. Customs) bond?

A surety bond indemnity agreement is a contract between the principal and the surety company, that transfers risk from the surety to the principal. While the bond itself is created by the obligee, an indemnity is a separate agreement that the surety requires the principal to sign prior to issuing the bond that guarantees the principal is responsible for repaying any money paid by the surety in the process of settling a claim.

Surety companies issue bonds with the assumption that there should be close to zero risk of financial loss on their part. It is important to remember that a bond is similar to a line of credit because it prevents the principal from tying up their own money. However, if a claim is filed and the principal is unwilling to repay the surety, the indemnity agreement gives the surety the right to take legal action and collect repayment plus any incurred expenses. By signing an indemnity, the principal transfers liability for damages from the surety to themselves.

The greater the likelihood of claim activity or risk within an industry, plus the higher the bond amount requires a closer look at the application by an underwriter and request for a signed indemnity.

What is a financial statement?

Generally, the surety would like to see am audited, latest year-end financial statement (which means a certificated, CPA firm has reviewed financial information and verifies the information). Sometimes, they would accept a compiled (or unaudited) financial statement. And, infrequently, they would accept a computer print-out which is not reviewed by any outside firm or tax return. Also, a personal financial statement of a person willing to indemnify for the bond, can be useful. Any form not verified by a CPA firm, should be signed by an officer or owner stating that they are attesting to the accuracy of the information presented. If any financial information is over 8 months old, then the surety would usually request a current interim (partial year) statement. Failure to provide acceptable financial information would slow the process of review and approval.

A financial statement consists of three main parts:

Balance sheet (assets and liabilities)

Income statement (profit and loss)

Notes (from the independent accounting firm)

The financials provide a picture of the financial status of the importer at the date of the financials. The surety is attempting to project the ability of the importer to satisfy the future financial obligations.

What is collateral CBP (U.S. Customs) bond?

When required, the surety would usually accept in one of three methods.

Letter of credit issued by an approved U.S. bank exactly according to the format provided by the surety’s legal team. Arrangements between the bank and the importer is not the concern of the surety or their representatives.
A certificated check to be held be the surety. No interest provided.
A wire transfer of money to the surety. No interest provided.

1. What is a CBP bond – Beneficiary, Surety and Principal?

2. How to get and file a CBP (U.S. Customs) bond.

3. What can happen after the CBP (U.S. Customs) bond is filed?

4. Other aspects of the CBP (U.S. Customs) bond.

5. Underwriting –The relationship between Surety and Principal for CBP (U.S. Customs) bond.

What is a CBP bond – Beneficiary, Surety and Principal

2. How to get and file a CBP (U.S. Customs) bond.

3. What can happen after the CBP (U.S. Customs) bond is filed?

What is an “insufficient” bond status?

4. OTHER ASPECTS OF THE CBP (U.S. CUSTOMS) BOND.

What is reconciliation rider?

What is the Periodical Monthly (PM) Statement and why an extra charge?

5. UNDERWRITING –THE RELATIONSHIP BETWEEN SURETY AND PRINCIPAL FOR CBP (U.S. CUSTOMS) BOND.

International Risk Specialist For Over 50 Years.

CBP Bond FAQ's

1. What is a CBP bond – Beneficiary, Surety and Principal?

2. How to get and file a CBP (U.S. Customs) bond.

3. What can happen after the CBP (U.S. Customs) bond is filed?

4. Other aspects of the CBP (U.S. Customs) bond.

5. Underwriting –The relationship between Surety and Principal for CBP (U.S. Customs) bond.

What is a CBP bond – Beneficiary, Surety and Principal

2. How to get and file a CBP (U.S. Customs) bond.

3. What can happen after the CBP (U.S. Customs) bond is filed?

What is an “insufficient” bond status?

4. OTHER ASPECTS OF THE CBP (U.S. CUSTOMS) BOND.

What is reconciliation rider?

What is the Periodical Monthly (PM) Statement and why an extra charge?

5. UNDERWRITING –THE RELATIONSHIP BETWEEN SURETY AND PRINCIPAL FOR CBP (U.S. CUSTOMS) BOND.

International Risk Specialist For Over 50 Years.