A crane unloads a shipping container from a ship at the Port of Long Beach, Wednesday, Jan. 14, 2026.
Allen J. Scherben | Los Angeles Times | Getty Images
A record number of companies shipping products to the United States are failing to meet federal requirements to financially guarantee import trade tariffs imposed by President Donald Trump’s tariff policies.
And this has led to record amounts being paid to the United States to make up the shortfall.
According to U.S. Customs data shared with CNBC, so-called customs bond “shortages” soared to a total of 27,479 cases in fiscal year 2025, totaling about $3.6 billion. This is the highest number of bond shortfalls ever recorded, and the highest total bond shortfall ever recorded. In fact, the tariffs President Trump enacted under Section 301 of the Trade Act of 1974 are also double the levels in 2019, which fueled the bond shortage.
“Bonds are a 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 spokesperson said.
Under U.S. Customs guidelines, Customs continually reviews deposits for adequacy and flags the deposit as insufficient if the importer’s duty/tax liability exceeds 100% of the current deposit allowance. The record shortfall comes at a record time for the U.S. government’s tariff revenue, with tariff collections soaring to $30 billion in January, bringing the year-to-date total to $124 billion. This is a 304% increase compared to the same period in 2025.
“Overall, it makes sense that the shortage would more than double,” said Jennifer Diaz, an attorney with Diaz Trade Law. “Many companies take for granted that a $50,000 bond will cover them for a year,” she says. “But that may not be the case. They’re not using a formula, and they don’t have someone in their corner telling them their bail is higher.”
International trade experts told CNBC that tariffs on some products have increased from 10% to more than 25%, and importers now face bonds ranging from a regulatory minimum bond of $50,000 to a maximum of $450 million.
Importers purchase customs bonds, also known as surety bonds, through specialized insurance companies known as surety companies. This bond is issued approximately 30 days before the imported goods arrive in the United States to ensure that Customs can collect the necessary duties if the importer does not pay the duty. The bond will be held by Customs in an interest-free account for 314 days. During this period, the obligations paid can be reviewed and received final government approval.
U.S. importers pay a premium to insure the bonds. The premium is typically 1% of the bond limit and the bond price covers 10% of duties and taxes payable over a 12-month period. As customs duties and taxes increase, so do customs bond requirements.
The insurance company told CNBC that bond growth was more than 200%. “In one unusual case, a major auto manufacturing client saw a 550% increase in the value of their custom bond,” Vincent Moy, international surety leader at Marsh Risk, recently told CNBC.
If the deposit is insufficient, the importer will not be able to receive the cargo and the cargo will be held at customs until the deposit meets the requirements. To address the shortfall, importers will need to issue new bonds, which could take at least 10 days.
In addition to bonds, companies also rely on associated collateral to ensure the application of trade tariffs. “If companies do not increase collateral, goods will be held up at the port,” Moi said. Collateral will be held by the insurance company issuing the bond for a period of 314 days as determined by U.S. Customs. Companies told CNBC that bond shortages caused by the tariffs have further strained relationships with customs brokers.
The Supreme Court could soon rule on President Trump’s IEEPA tariffs and determine whether they are legal. The next decision date is February 20th, when U.S. importers may receive not only trade tax refunds, but also funds set aside as customs deposits and related collateral. If duties are refunded, the guaranteed amount associated with those imports can be used to reduce them to a level sufficient to cover the duties, taxes, and fees. Companies must apply to the insurance company that issued the bond to reduce the amount of the bond and collateral. Trade experts told CNBC that importers need to be prepared in case this happens.
Insurers tell CNBC importers should expect some delays in receiving these funds due to insurance paperwork requirements. Insurers must verify and audit paper trails before issuing collateral.
