U.S. Customs Duties: Protecting the Free Circulation of Cultural Goods
U.S. Customs Duties
Protecting the Free Circulation of Cultural Goods
A Serious Threat to the Art Market
The trade agreement concluded on July 27, 2025 between the United States and the European Union introduces a uniform customs duty of 15% on nearly all European imports. While this measure is primarily economic in intent, it poses a direct threat to the art market, particularly for antiques over one hundred years old (chapter 9706 of the customs tariff schedule).
Whereas original works of art (chapters 9701 to 9705: paintings, prints, sculptures, collectors’ pieces) are recognized as “educational materials” and remain exempt from customs duties, antiques have never benefited from such protection. Their taxation creates a disparity in treatment, unfair and detrimental to the entire sector.
Which goods are affected?
Chapter 9706 covers a wide variety of cultural goods:- Antique furniture (commodes, bookcases, tables, decorative ensembles),
- Silverware and goldsmith’s work,
- Porcelain and ceramics,
- Jewelry and precious objects,
- Tapestries and textiles (Aubusson, Gobelins, antique carpets),
- Antique timepieces (bracket clocks, mantel clocks, pocket watches),
- Arms and armor,
- Historical musical instruments,
- Archaeological and ethnographic objects.
Thus, an entire segment of Europe’s movable and decorative heritage is under threat.
Immediate consequences
Applying a 15% tariff to chapter 9706 would have major repercussions:- For dealers: sharp increase in import costs, loss of competitiveness.
- For collectors and museums: higher prices for acquisitions and loans.
- For international fairs (The Winter Show, TEFAF New York, Salon Art + Design): weakened French participation.
- For the broader ecosystem (shippers, insurers, logistics providers, restorers): immediate contraction of activity.
In addition, the U.S. market faces a specific constraint: there is no temporary import procedure that allows for suspension of duty payments. The ATA Carnet is not recognized for goods intended for sale: the dealer must pay duties upon entry, then apply for a refund in case of unsold items—a long and uncertain process.
A legal framework in contradiction
Beyond its economic impact, this taxation contravenes the Florence Agreement on the Importation of Educational, Scientific and Cultural Materials (1950).Ratified by France in 1957 and by the United States in 1966, this agreement obliges signatory states not to impose customs duties on cultural goods.
This commitment, still valid and legally binding, applies regardless of U.S. membership in UNESCO. The American withdrawal from the organization in 2026 does not affect the validity of this agreement. Imposing customs duties on antiques would constitute a clear violation of this international commitment.
The SNA’s mobilization
In response to this unjust situation, the SNA mobilized as early as spring 2025.- Alert to the Ministry of Culture through an official letter in April, followed by renewed action after the July 27 agreement.
- Discussions with French, European, and U.S. authorities to make the voice of the art market heard.
- Support from legal and tax experts to build a strong, well-documented case.
Our objective is clear: to obtain the exemption of antiques and cultural goods from these unjust customs duties and to preserve the free international circulation of artworks.
The SNA remains fully committed to defending its members and protecting the central role of the French art market on the international stage. We will continue to keep our members and partners informed of further developments in this matter.