U.S. Customs Bonds

19 CFR § 113.62 – May be written as either a single transaction or continuous bond.

The most common type of U.S. Customs Bond is an Activity Code 1 bond, also referred to as an import bond. An import bond is required on all commercial shipments of goods valued over $2,500 to lawfully enter the commerce of the United States. An import bond is also required on any shipment into the U.S. that is subject to other U.S. government agency requirements. For example, vehicles are subject to review by the Environmental Protection Agency and Department of Transportation and food products are subject to review by the Food and Drug Administration.

Import bonds may be written as single transaction or continuous:

1. A single transaction bond can only be used for one customs transaction.
2. A continuous bond is a self-renewing bond that covers all customs transactions through any port of entry.

Activity Codes 11 (Airport Customs Security Area) and 16 (Importer Security Filing) obligations can also be secured by this bond.

19 CFR § 113.65 – May be written as either a single transaction or continuous bond.

When merchandise is imported into the United States and later exported, a principal may be entitled to a refund of most duties, taxes, and fees – referred to as a drawback claim. A drawback claimant may receive the refund granted before liquidation of the drawback claim. A Drawback Bond guarantees full repayment to CBP of overpaid drawback as determined by liquidation of the drawback claim.

Drawback bonds may be written as single transaction or continuous:

1. A single transaction bond can only be used for one customs transaction.
2. A continuous bond is a self-renewing bond that covers all customs transactions through any port of entry.

19 CFR § 113.63 – May be written as a continuous bond only.

This bond guarantees a variety of obligations relating to custodial activities including: all classes of bonded warehouses, domestic common carriers, cartmen, lightermen, centralized examination stations and container freight stations.

1. Bonded warehousemen guarantee the custody of freight while stored under CBP supervision until withdrawal for consumption.
2. Domestic common carriers guarantee the custody of bonded goods while being transported from one port to another (in-bond transactions).
3. Cartmen/lightermen guarantee the custody of bonded goods while being transported within the same port.
4. Container freight station operators guarantee the custody of freight until released by CBP.
5. Centralized examination station operators guarantee the custody of freight while under CBP examination.

Activity Codes 11 (Airport Customs Security Area) and 16 (Importer Security Filing) obligations can also be secured by this bond.

19 CFR § 113.64 – May be written as either a single transaction or continuous bond. The continuous bond may also be written as a combination bond with the Activity Code 3a – Instruments of International Traffic bond.

This bond guarantees activities related to the entry or clearance of vessels, vehicles or aircraft from outside the United States, including any advance manifest filing requirements by carriers and NVOCCs. It is also used when a vessel repair entry is made. Commercial air carriers are required to have this bond to guarantee payment of passenger users fees collected on international commercial flights.

Marine Terminal Operators may fulfill Activity Code 17 bond requirements using this (continuous) bond. Also, Activity Codes 11 (Airport Customs Security Area) and 16 (Importer Security Filing) obligations can be secured by this bond.

19 CFR § 113.66 – May be written as a continuous bond only. The bond may also be written as a combination bond with the Activity Code 3 – International Carrier bond.

This bond guarantees compliance with laws and regulations on the movements and clearances of shipping containers. Without this provision, each container moved into the United States would need to be formally entered with duty paid.

19 CFR § 113.73 – May be written as a continuous bond only.

This bond guarantees the operation of a Foreign Trade Zone (FTZ) and guarantees FTZ operator will comply with CBP regulations for maintaining the FTZ. The FTZ is a designated area within the U.S. located in or near a CBP port of entry, but legally considered to be outside of customs territory for the purpose of tariff laws and entry procedures. FTZs are part of a duty deferral program and are subject to CBP jurisdiction. Generally, payment of duties and excise taxes on foreign merchandise admitted to a zone will be deferred until the goods are transferred from the zone to the customs territory for consumption.

An FTZ operator is required to secure a bond to assure compliance with Customs regulations. The minimum bond amount required by CBP is $50,000. However, the maximum amount is determined by each individual port director and therefore the limits may vary.

Roanoke is a long-time supporter of the National Association of Foreign Trade Zones and offers preferential pricing for surety bonds and insurance to their members.

Activity Code 16 (Importer Security Filing) obligations can also be secured by this bond.

19 CFR § 113.67 – May be written as a continuous bond only.

This bond guarantees the operations of commercial gaugers that are commercial organizations that measure, weigh or sample merchandise. Commercial gauger must properly sample and gauge in accordance with CBP regulations and abide to the terms of the commercial gauger agreement.

19 CFR § 113.68 – May be written as a single transaction bond only.

This bond guarantees compliance with provisions and procedures for labeling wool and fur products.

19 CFR § 113.69 – May be written as a single transaction bond only.

This bond protects CBP from losses if merchandise is released from CBP custody without a bill of lading.

19 CFR § 113.70 – May be written as a single transaction bond only.

This bond protects CBP from damages arising from the detention of merchandise incorrectly believed to be pirated copies.

19 CFR § 113.71 – May be written as a single transaction bond only.

This bond provides for the agreement to observe neutrality by armed vessels.

19 CFR § 113.72 – May be written as a single transaction bond only.

This bond guarantees payment of court costs, should judicial proceedings result in the property to be condemned.

Appendix A to Part 113May be written as a term bond only. Unlike a continuous bond, this type does not self-renew at anniversary, and a new bond must be filed annually with CBP.

This bond guarantees that proper standards are maintained regarding access to CBP-secure areas of an airport. Covered parties on the bond include the bond principal’s employees, agents and contractors.

Appendix B to Part 113 – May be written as a single transaction bond only.

This bond is required during the Presidential review period of an ITC exclusion order when an imported product, or component thereof, is the subject of the exclusion order. The ITC determines the amount of the bond, however the complainant that sought the exclusion order is the bond obligee, not CBP. This bond is filed with the entry and is in addition to any additional bond requirements for making entry.

19 CFR 113 – May be written as a continuous bond only.

This bond guarantees compliance with all laws governing the receipt, carriage, safekeeping, and disposition of in-bond merchandise. This bond is required for export consolidators who consolidate conveyances (vehicles) for export under 19 CFR 192 outside the port of exportation.

19 CFR 113.1; – May be written as either a single transaction or continuous bond.

This bond guarantees that a sample of imported merchandise provided by CBP to an IPR holder is returned to CBP.

Appendix D to Part 113May be written as either a single transaction or continuous bond.

This bond guarantees a timely and accurate transmission of specific data elements to CBP before loading the cargo on the vessel, as described in 19 CFR Part 149.

19 CFR 113.1; Customs Bulletin and Decisions, Vol. 40, No. 52, Pages 4-8. – May be written as a continuous bond only.

This bond guarantees a Marine Terminal Operator complies with CBP regulations and instructions regarding the delivery of cargo and containers.