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U.S. CUSTOMS IMPORT BONDS
- According to Customs regulations, a Customs Bond is "...a
contract which is given to ensure the performance of an
obligation imposed by a law or regulation." The primary purpose
of a Customs Bond is to guarantee the payment of import duties
and taxes as well as assure compliance with all laws and
regulations governing the entry of merchandise from foreign
shipping points of the United States.
Why is an
importer required to post a bond with U.S. Customs?
A Customs Bond is
required on all commercial shipments of goods entering the
commerce of the United States. When a Customs Bond is executed,
the bond principle agrees to the following conditions:
Agreement to pay duties, taxes and charges in a timely manner
Agreement to make or complete entry
Agreement to produce documents and evidence
Agreement to redeliver merchandise
Agreement to rectify any non-compliance with provisions for
admission
Agreement for examination of merchandise
Reimbursement
and exoneration of the United States
Compliance with special requirements on duty-free entries
TYPES
OF CUSTOM BONDS
Single Transaction Bond
A single transaction bond is a one time bond for a particular
import shipment which can only be used for one Customs
transaction. The bond amount is equal to the total entered value
of the merchandise plus all duties, taxes and fees unless the
merchandise is subject to other government agency requirements
or visa/quota requirements. In this case the bond amount would
be equal to three times the total entered value.
The
cost of a single transaction bond in 2004 averaged $4.50-5.00
per $1,000 of the bond amount with a minimum charge of
$45.00-50.00.
Continuous Bond
A continuous bond is a self-renewing term bond which covers all
Customs transactions through any port of entry. The bond amount
is determined by taking multiples of $10,000 nearest 10% of
duties, taxes and fees paid by an importer or broker acting as
importer of record during the last calendar year. A minimum bond
of $50,000 is required.
A Customs Bond is
not a form of insurance. It is not designed or intended to
protect the importer, nor does it relieve them of any of their
obligations to pay amounts due to Customs. According to Customs
regulations, its purpose is "to protect the revenue of the
United States and to assure compliance with any pertinent law,
regulation or instruction."
What are the
alternatives to posting a Customs Bond?
In lieu of a
bond, an importer has the option of posting cash or other U.S.
government obligations (Treasury bills, notes, or bonds other
than U.S. savings bonds) in an amount equal to the amount of the
bond. However, if an importer deposits money with Customs, such
funds will not be released until some time after the entry is
liquidated (months or years). Instead, U.S. Customs gives an
importer the option of posting a bond that relieves the
importer's cash supply or credit line.
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