Tariff-linked Customs bond funding gap hits record $3.5 billion

A record number of companies shipping products to the United States are failing to meet a federal government requirement to financially guarantee they can afford import trade taxes triggered by President Donald Trump’s tariff policies.

This leads to record amounts of money being paid to the USA to cover the deficits.

U.S. Customs data shared with CNBC shows so-called bond “deficiencies” totaled 27,479 in fiscal 2025, pushing the total value to almost $3.6 billion. This is the highest number of bond deficiencies ever recorded and the highest total across deficiencies. In fact, it is double the level of 2019, when tariffs President Trump enacted under Section 301 of the 1974 Trade Act also fueled bond deficits.

“Bonds are the primary tool used by U.S. Customs and Border Protection to protect U.S. revenue and ensure compliance with applicable laws and regulations,” a U.S. Customs and Border Protection spokesman said.

Under US Customs GuidelinesThe agency continually reviews bond adequacy, and when an importer’s duty/tax liability exceeds 100% of available bond capacity, the bond is marked as inadequate. The record deficit came at a time when the U.S. government was generating record tariff revenue; Tariff collections rose to $30 billion in January, bringing the year-to-date total to $124 billion. This is up 304% from the same period in 2025.

“Overall, it makes sense that the deficiencies are more than doubling,” Diaz Business Law attorney Jennifer Diaz said. “Many companies assume that a $50,000 bond can cover you for a year,” he said. “But it may not be so. They don’t use fixed calculations and they don’t have anyone on their side to tell them their bond obligations are higher.”

International trade experts told CNBC that importers now face bond amounts ranging from $50,000, the minimum bond amount under regulation, to $450 million, with some tariffs increasing by 10 percent to 25 percent or more for certain products.

Importers are buying customs bondsthrough specialized insurance companies known as surety companies, also known as surety bonds. The bonds are issued approximately 30 days before the imports reach the United States to ensure that Customs collects the necessary tariffs if the importer fails to pay its obligation. The bonds are kept in interest-free accounts at customs for 314 days. During this period, paid duties may be reviewed and final government approval may be obtained.

US importers pay premiums to insure their bonds. The premium is usually 1% of the bond limit, and the price of the bonds covers 10% of the fees and taxes paid over a 12-month period. If tariffs and taxes increase, the customs bond obligation also increases.

Bail companies told CNBC they’ve seen bonds rise as much as 200%. “In one unusual situation, a major automaker client saw its private bond amount increase by 550%,” Vincent Moy, international surety leader at Marsh Risk, told CNBC recently. he said.

If the guarantee is insufficient, the importer cannot receive the freight and the guarantee is held at customs until it meets the necessary conditions. To make up for the shortfall, importers must issue another bond, which could take at least 10 days.

In addition to bonds, companies also rely on related guarantees to ensure business tax coverage. “If companies do not increase their guarantees, the goods will be stopped at the port,” Moy said. The bond is held by the insurance company that issued the bond for the 314-day period determined by U.S. Customs. Companies told CNBC that bond shortages triggered by tariffs have put additional strain on their relationships with customs brokers.

The Supreme Court may soon rule on President Trump’s IEEPA tariffs, deciding whether they are legal. February 20 is the next date for a potential decision, and U.S. importers could be in line not only for trade tax refunds but also for money earmarked for customs bonds and related guarantees. If tariffs are reinstated, bond amounts on these imports can be used to reduce duties, taxes, and duties to levels sufficient to cover them. Companies will need to petition the insurer that issued the bonds to reduce the bonds and guarantees. Trade experts tell CNBC importers need to be ready in such a situation.

Bail companies tell CNBC importers should expect some delay in receiving those funds due to insurance paperwork requirements. The insurance company will need to verify and audit the paper trail before providing any coverage.