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US Customs: 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 15% customs duty on almost all European imports. While this measure is primarily economic in nature, it represents a direct threat to the art market, and particularly to antiques over one hundred years old (Chapter 9706 of the customs nomenclature).

Customs Duty Agreement: What about Cultural Goods ?

While original works of art (chapters 9701 to 9705: paintings, prints, sculptures, and collectibles) are recognized as "informational materials" and remain exempt from customs duties, antiquities have never benefited from this protection. Their taxation creates a distortion of treatment that is 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 sets),
Goldsmith’s and silversmith’s works,
Porcelain and ceramics,
Jewellery and precious objects,
Tapestries and textiles (Aubusson, Gobelins, antique rugs),
Antique timepieces (cartel clocks, mantel clocks, pocket watches),
Weapons and armour,
Historical musical instruments,
Archaeological and ethnographic objects.

An entire segment of Europe’s movable and decorative heritage is therefore under threat.

Immediate Consequences

The application of a 15% tariff to Chapter 9706 would have major repercussions:

For dealers: a sudden increase in import costs and loss of competitiveness.
For collectors and museums: higher costs for acquisitions and loans.
For international fairs (The Winter Show, TEFAF New York, Salon Art + Design): weakened French participation.
For the wider ecosystem (transporters, insurers, logistics providers, restorers): an immediate contraction in activity.

This is compounded by a specific constraint in the US market: there is no temporary importation procedure allowing duties to be suspended. The ATA Carnet is not recognized for goods intended for sale: dealers must pay duties upon entry, then request a refund if the goods remain unsold — a lengthy and uncertain process.

A Contradictory Legal Framework

Beyond the economic impact, this taxation runs counter to 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 commits signatory states not to apply customs duties to cultural goods.
This commitment, which remains in force and legally binding, applies regardless of the United States’ membership of UNESCO. The US withdrawal from the organization in 2026 therefore does not call into question the validity of this agreement. Imposing customs duties on antiques would constitute a clear violation of this international commitment.

The SNA’s Mobilization

Faced with this unfair situation, the SNA began mobilizing as early as spring 2025.

An alert sent to the French Ministry of Culture through an initial official letter in April, followed by a reminder after the July 27 agreement.
Discussions with French, European and American authorities to ensure that the voice of the art market is heard.
Support from legal and tax experts to build a strong and well-documented case.

Our objective is clear: to obtain an exemption for antiques and cultural goods from these unfair customs duties and to preserve the international free circulation of works of art.

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 developments in this matter.