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ACTIVITY CODE 2

Custodian of Bonded Merchandise Bond

Activity Code 2 is a single omnibus continuous bond covering every class of party that holds merchandise before it has been cleared into U.S. commerce. Bonded warehousemen of every class, domestic carriers moving goods in-bond between ports, cartmen and lightermen handling bonded cargo within a port, container freight station operators and centralized examination station operators all post it.

Activity Code 2 is a single omnibus continuous bond covering every class of party that holds merchandise before it has been cleared into U.S. commerce. Bonded warehousemen of every class, domestic carriers moving goods in-bond between ports, cartmen and lightermen handling bonded cargo within a port, container freight station operators and centralized examination station operators all post it.

What unites these classes is a common obligation: safe custody of merchandise that CBP has not yet released, and full accounting for it when CBP asks. The conditions are codified at 19 CFR § 113.63 (basic custodial bond conditions).

Who must post it

  • Bonded warehouse proprietors, Class 1 through Class 11.
  • Bonded carriers performing in-bond movements (IT, T&E, IE) between U.S. ports.
  • Cartmen and lightermen licensed to move bonded merchandise within a port of entry.
  • Container freight station (CFS) and centralized examination station (CES) operators.
  • Importers that transport their own bonded merchandise between facilities.

What the bond guarantees

  • Receipt, custody, safekeeping and accounting for bonded merchandise until CBP releases it.
  • Timely delivery of in-bond shipments to the destination port and proper reporting of arrival.
  • Payment of duties, taxes and liquidated damages on merchandise that is lost, stolen, delivered without authorization or otherwise unaccounted for.

How CBP sizes it

  • Continuous only; CBP does not accept a single transaction custodial bond.
  • $25,000 minimum, sized upward according to the value of merchandise typically in custody and the sizing rules in CBP's bond-amount guide.
  • Multi-facility operators are generally sized on aggregate inventory exposure rather than a single site.

Practitioner notes

  • One Activity Code 2 bond can cover several custodial roles — a warehouse that also operates as a CFS does not need two bonds.
  • Unaccounted-for in-bond movements are among the most common sources of liquidated damages claims. Disciplined arrival reporting protects the bond.
  • Importers often discover they need this bond only when they begin trucking their own bonded goods; it is separate from and additional to Activity Code 1.

Frequently asked questions

Is there a single transaction custodial bond?

No. Activity Code 2 is available only as a continuous bond.

Does a bonded warehouse need a separate bond for each class?

No. One Activity Code 2 bond covers the proprietor's custodial obligations across classes and related custodial activities.

What is the minimum Activity Code 2 bond?

$25,000. CBP sizes upward from there based on merchandise exposure.

Primary sources

Poindexter fleur de lis

About the author

Written by C. Constantin Poindexter, JD, CPCU, AFSB, ARe, ASLI — founder of Surety One, Inc. and CEO of Janus Assurance Re. He has underwritten surety and reinsurance for more than thirty years and is the author of A Practitioner's Guide to U.S. Customs Bonds, on which these pages are based.