Importing works of art in the US has almost always been duty free. However, Chinese art may soon be subject to a new 25% tariff due to rising tensions in the US-Chinese trade war.  This is the statement released by the head of the Trade Representative on Section 301 Action: “Earlier today, at the direction of the President, the United States increased the level of tariffs from 10 percent to 25 percent on approximately $200 billion worth of Chinese imports. The President also ordered us to begin the process of raising tariffs on essentially all remaining imports from China, which are valued at approximately $300 billion.”

 It is not clear from the representative’s statement whether paintings, sculptures and art pieces in general will be subject to a new 25% tariff. At this time art pieces and artifacts are not included in the revised tariff list but constituents are scheduled to discuss this matter further.

Among the various issues to consider: whether Chinese artifacts, including those imported from other countries,  are covered by the new tariffs (what about a work of art that remained in Europe for the last 200 years?); how the distinction between artifacts and/or works of art with intrinsic historical and cultural importance and industrial/artisanal will be determined (who will judge the historical value at the border?); whether works by contemporary Chinese artists should be subject to the same tariff (what about a contemporary painting?); and whether installation or performance art by Chinese artists will be subject to the new tariffs;  in which way a tariff can protect the US market for goods that are not fungible?

Duties, in turn, will be passed to American buyers by adding them to the final price of Chinese art and antiquities – certainly a significant concern for art collectors, art dealers, and cultural institutions. However, current owners of Chinese art may see the value of their works increase, as an artificial shortage could raise prices and encourage investment in rare Chinese goods.

The information provided here does not, and is not intended to, constitute legal advice but simply information for general purposes only and may not be the most up to date. Use of our website or any of its links or resources do not create an attorney-client relationship between the reader, user, or browser and the law firm. The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only.