Over the past months, a wave of tariff announcements and policy shifts from the United States has sent ripples through global trade. For those working at the intersection of culture and commerce, registrars, art logistics professionals, gallery directors, and collectors, this evolving situation raises urgent and complex questions.
While fine artworks appear to be legally protected from tariff penalties, categories such as antiques, collectible design objects, and works incorporating mixed materials (like metal or wood) are facing new financial and operational strain. The implications are far from marginal: delayed deliveries, increased customs scrutiny, rising shipment costs, and, perhaps most critically, a growing hesitancy among collectors.
What follows is an in-depth look at what’s changed, what it means for art logistics, and what professionals across the sector can do to remain compliant, strategic, and resilient in this volatile regulatory moment.
The landscape of U.S. import policy underwent a sharp pivot in April 2025, when the White House announced a set of new blanket tariffs across imported goods.
This broad announcement caused immediate concern in the art market, especially for galleries importing mixed collections of antiques, design, or collectible pieces. The good news? The International Emergency Economic Powers Act (IEEPA)—specifically 50 U.S.C. §1702(b)—includes clear exemptions for cultural and informational materials. That includes paintings, drawings, sculptures, limited editions, and certain books and prints (Chapters 97 and 49 of the Harmonized Tariff Schedule).
Despite the exemption, customs enforcement remains inconsistent. The interpretation of tariff classification is ultimately left to the discretion of the officer reviewing the shipment. This has led to unexpected hold-ups and even misclassifications, especially when import paperwork lacks precision.
Here’s the critical nuance: while artworks created as expressive or intellectual works are theoretically protected, antiques (typically defined as objects over 100 years old), design pieces, and furniture do not enjoy the same legal protections. These fall under different HTS chapters and have no comparable First Amendment defense.
Customs documentation must now work harder than ever. Even a genuine artwork can fall outside exemption criteria if:
Failing to prepare for this scrutiny can mean additional duties, shipment delays, or the loss of eligibility for exemption. As one registrar noted during the Artlogic webinar, "We’re seeing more and more shipments flagged not because of what's inside, but because of how it's described."
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While fine artworks currently benefit from duty-free import status under Chapter 97 of the Harmonized Tariff Schedule, this protection is grounded not just in trade policy, but in deeper constitutional and cultural principles.
Artworks are explicitly included in the exemption under 50 U.S.C. §1702(b)(3) of the International Emergency Economic Powers Act (IEEPA) because U.S. lawmakers historically recognized them as forms of protected speech under the First Amendment. There are three key reasons for this designation:
In short, the exemption of artworks is not accidental; it is a deliberate mechanism to uphold the United States' broader commitments to free expression and cultural exchange.
While the general exemption remains intact today, there are circumstances under which it could be limited:
In practice, these risks are considered low, but they highlight the importance of maintaining meticulous documentation, clear provenance, and compliant transactional practices, especially when dealing internationally.
For professionals managing or dealing in design objects, antique collections, and hybrid pieces that combine materials like wood, glass, or metal, the current U.S. tariff landscape introduces more than financial inconvenience: it redefines operational strategy.
While artworks benefit from First Amendment protections as cultural goods, decorative art and design pieces often don’t. These objects, typically classified outside Chapter 97 of the HTS, are not covered by the informational materials exemption. This has direct consequences for clients working across high-end interiors, collectible design fairs, and cross-border acquisitions of 20th-century furniture or decorative arts.
The 10% baseline duty now applies to all imports, including design and antique objects. The financial impact compounds rapidly when materials like aluminum or steel are involved. Under existing U.S. trade law, these materials incur an additional 25% tariff, meaning a lacquered metal wall sconce or a steel-framed side table could now face combined duties of up to 35%—or more if originating from China, where tariffs now reach 125%.
Galleries and dealers that previously relied on affordable European sourcing now face serious margin compression. Many are revising their acquisition strategies, focusing instead on domestic inventory or high-certainty exempt artworks. Some have paused outbound marketing to U.S. clients altogether.
While most artworks remain exempt from newly increased duties, Chinese-origin items face unique challenges. Contemporary artworks from China are now subject to a cumulative 27.5% duty burden, compared to only 7.5% previously.
For example: A contemporary Chinese painting valued at $350,000 previously incurred approximately $26,250 in duties. With the additional fentanyl sanctions and reciprocal tariffs now applied, that duty has risen to nearly $96,250.
This dramatic increase imposes serious financial and administrative strain for galleries and collectors specializing in Chinese contemporary art, and some are already redirecting focus toward Middle Eastern or Asian buyers instead of U.S.-based clients.
While U.S. tariffs have created immediate challenges, some foreign governments have floated retaliatory measures. The UK recently included artworks under 100 years old in a proposed list of retaliatory tariffs, and Canada briefly imposed a 25% duty on U.S.-made artworks before rolling it back. Although these measures are largely symbolic and unlikely to cause major disruption, they introduce additional uncertainty for galleries operating internationally.
The financial impact is only one dimension of the challenge. Operational complexity has increased dramatically. Customs declarations are under tighter scrutiny. Brokers and handlers report longer processing times and an uptick in detentions due to ambiguous documentation.
For businesses using Delivered Duty Paid (DDP) terms, the burden is especially severe. Where previously duties were built into quotes, these new rules mean a dealer may now face unexpected out-of-pocket costs at the time of clearance, deteriorating predictability and client confidence.
The Artlogic panelists noted another compounding challenge: some major logistics providers, including DHL, temporarily suspended B2C shipments to private U.S. individuals for artworks valued over $800 due to clearance bottlenecks. For dealers working with private collectors, this introduced a sudden and severe delivery gap.
In this environment, the implications are twofold:
Ultimately, the effect is chilling. Where collectors once saw decorative art and furniture as flexible, shippable assets, they are now viewed through a more cautious lens. “What we’re hearing from clients is a growing reluctance to make international purchases unless there’s airtight clarity on duty costs and customs feasibility,” one Convelio account manager shared.
This leads directly to a broader market observation—how tariffs are reshaping collector behavior, and what that means for the business of art.
When importing objects into the U.S., defining precisely what counts as an artwork isn't always straightforward. U.S. Customs and Border Protection (CBP) uses specific criteria to determine whether an item can be classified as an original artwork under Heading 9701 of the Harmonized Tariff Schedule of the United States (HTSUS). Such classification significantly affects import duties: original artworks are duty-free, while furniture, decorative objects, and mixed-media design pieces typically incur duties up to approximately 6%.
Key criteria for an item to qualify under Heading 9701 include:
1. Originality and Uniqueness
2. Artistic Intent and Value
3. Market Perception
Certain objects—particularly those by artists like François-Xavier and Claude Lalanne—challenge traditional categories. Sculptural furniture blurs utility and aesthetics, making CBP classification less predictable.
When CBP encounters such pieces, they assess:
Primary Purpose (Artistic vs. Functional)
Artist’s Intent and Documentation
Market Context
CBP rulings such as NY N121718 and NY I81511 emphasize that proper documentation—including artists' letters, auction records, and curatorial references—is essential for successful classification as fine art.
Why This Matters Now
Given the heightened scrutiny at customs due to new tariffs, the classification process has become more critical than ever. Galleries, advisors, and collectors must prepare their documentation and shipping paperwork carefully, framing objects in alignment with their artistic nature—before customs officials make a determination that could materially alter the cost basis of a sale or import.
While tariffs are logistical and legal instruments, their effects reach much deeper into the psychology of the market. The uncertainty around trade rules, customs practices, and financial liabilities is creating a clear behavioral shift—particularly among seasoned collectors and institutional buyers.
Art buyers are famously global in their habits. A collector in Los Angeles might acquire a design object in Milan, a rare book in Paris, or a sculpture from a London fair—all within a month. But the current environment is altering that rhythm. With every international transaction now carrying the potential for added fees, customs delays, and ambiguous classification, collectors are reassessing not only where they buy, but what they buy, and when.
According to recent feedback from galleries participating in major fairs and exhibitions, the top end of the market is already showing signs of hesitation. Several sales have been paused or reversed, not because of interest in the works themselves, but because of unclear or unexpectedly high tariff exposure.
As one gallery director commented in the Artlogic discussion, "Collectors aren’t saying no—but they are waiting. There’s a need for certainty, and until that comes, liquidity is drying up."
This freeze is most evident in mid- to upper-tier transactions, particularly for works that straddle the line between art and design, or those with mixed material composition. These are the pieces most vulnerable to misclassification—and therefore, to unexpected duty liabilities.
In response, we’re seeing a concentration of interest in works with clearer legal standing—namely, those firmly protected under Chapter 97. These include signed paintings, drawings, original prints, and unique sculptures.
Collectors are also moving cautiously toward lower-priced pieces. This trend mirrors classic investment behavior in times of macroeconomic stress: capital moves to assets with reduced risk and higher predictability. For the art world, that means a swing away from speculative works or emerging markets toward blue-chip names and modestly priced art that doesn’t risk triggering a customs reclassification.
For galleries, this change is material. Many are recalibrating their curatorial strategies, both in inventory selection and how they price works for U.S.-based clients. Fewer mixed-material objects are being shipped for U.S. fairs. There’s more emphasis on transparent pricing structures and advance classification of every piece.
The indirect pressure of tariffs is being amplified by economic conditions. Inflationary trends and market volatility are undermining disposable income for high-value acquisitions. And with central banks tightening interest rates, non-yield-generating assets like art may become less attractive as investment vehicles.
This adds another layer of caution. Where art has historically served as an inflation hedge, the current cocktail of economic pressures—paired with trade instability—is leading some collectors to redirect their capital toward more traditional, liquid, income-generating assets like bonds or equities.
And yet, this is not a universal withdrawal. Institutions and established collectors are still engaging, just more selectively—and with more due diligence. Works that come with clear exemption documentation, defined provenance, and confirmed HTS classification are seen as more “safe-to-acquire” than ever before.
Art fairs have long been cornerstones of the global art economy. For galleries and dealers, they offer the opportunity to meet new collectors, network with curators, and showcase key inventory in concentrated buying environments. But in the wake of the recent U.S. tariff overhaul, the cost-benefit calculus of participating in American fairs—especially for those based abroad—is shifting rapidly.
The U.S. remains the largest art market in the world. But it’s also one of the most complex from an import and customs perspective. Unlike the UK or EU, which offer relatively straightforward temporary import mechanisms, the U.S. system is more opaque, more expensive, and more procedurally demanding.
The most commonly used import mechanism by international exhibitors has historically been the Duty & Tax (D&T) Drawback. Under this model, a gallery pays all import duties upfront and then applies for a refund on unsold items once they’ve been exported. In theory, this allows sellers to manage risk while exhibiting freely. In practice, however, that refund is neither fast nor guaranteed—and it introduces significant short-term cash flow exposure.
Now that the baseline 10% tariff is in effect on all imports, this upfront cost has become a much heavier financial burden. When factoring in additional duties for items made of metal (e.g. 25% for aluminum or steel components), or potential misclassification penalties, the numbers can escalate quickly—especially for design and antique items.
Let’s break it down with a typical scenario:
For a small or mid-sized gallery, this represents a substantial financial risk. Many now question whether participation in U.S. fairs remains commercially viable under these new terms. Several galleries have already begun reallocating budget to fairs in Asia and Europe, where import processes are more predictable and costs are lower.
Can galleries use ATA Carnets or Temporary Importation Bonds (TIBs) to reduce these costs? The answer is mixed:
In short, none of the currently available tools fully address the financial and logistical risks posed by the U.S. import environment. The result is a pronounced hesitancy, especially from galleries that rely heavily on high-value, mixed-material objects to drive fair sales.
As galleries continue evaluating the ROI of U.S.-based art fairs under today’s tariff regime, many are revisiting traditional import mechanisms—hoping for relief. Unfortunately, most standard tools offer only partial solutions and introduce complications of their own.
A continuous bond is often misunderstood as a catch-all solution for import cost management. In reality, it is a financial instrument that guarantees compliance with U.S. Customs for repeated importers. It does not waive or reduce the actual duties owed on the goods.
What it does offer:
But it doesn’t reduce financial exposure:
Why this doesn’t work for art fairs:
Art fairs require temporary entry for high-value items that may or may not sell. A continuous bond is designed for definitive imports—which means it’s more suited to dealers establishing long-term U.S. inventory, not short-term exhibition participation. The financial outlay upfront is still required, with no temporary status or refund mechanism built in.
TIB is functionally similar to the ATA Carnet and offers temporary duty-free entry—but with strict limitations:
Best suited for: Museums and institutions borrowing works for loan exhibitions.
Why this fails for fairs:
The logistics of exporting and re-importing just to finalize a sale make TIBs unworkable for commercial galleries. Not only is it administratively complex, but it also introduces unnecessary costs and delays that are incompatible with the fast-moving, transaction-driven nature of art fairs.
ATA Carnets are international customs documents allowing temporary importation without immediate payment of duties or taxes. They’re accepted in the U.S. and most major art market countries. However, their usefulness ends when commerce enters the picture.
For galleries selling works on-site or finalizing deals post-fair, this extra re-importation step can:
The takeaway?
ATA Carnets are viable only if the intention is to exhibit without selling, or when works will return to the country of origin unsold. They lack the flexibility needed for the commercial fluidity that most art fairs demand.
Given these limitations, many galleries are now turning to integrated logistics solutions that:
This shift toward pre-negotiated, full-service logistics partners—like Convelio—is part of a broader trend in the market: minimizing administrative burden while maximizing control and compliance across international movements.
The operational takeaway? Galleries are reconsidering attending U.S. fairs by default. Every participation decision is now preceded by cost modeling, customs forecasting, and legal classification reviews. Those who continue to exhibit are shifting strategy:
As one international gallery shared in the Artlogic session, “We’re not walking away from the U.S., but we are walking in with a completely different plan.”
In a regulatory landscape defined by rapid change, ambiguity, and enforcement discretion, the path forward isn’t panic—it’s preparation. While the current U.S. tariff environment may feel unpredictable, there are clear, actionable measures that galleries, registrars, and collectors can take to mitigate risk and ensure smooth operations.
Understanding what qualifies as exempt under 50 U.S.C. §1702(b) is essential. This clause protects “informational materials,” which includes most fine art under Chapter 97 (HTS 9701 to 9705) and select media under Chapter 49. However, actual outcomes at the border can vary, as classification is ultimately determined by U.S. Customs and Border Protection (CBP). To qualify:
The better your documentation, the lower the chance of delay or reclassification.
Customs decisions often come down to the smallest details. To strengthen your exemption claim:
Customs officers have discretionary power. Even with thorough documentation, classification is ultimately determined by U.S. Customs and Border Protection (CBP). Officers are entitled to override declared classifications based on their judgment. However, well-prepared documentation significantly increases the likelihood of a favorable decision.
To maximize the chance of a smooth exemption process, galleries should prepare:
Over-preparation greatly improves the probability of favorable classification by U.S. Customs and minimizes delays at entry.
Remember: while excellent paperwork dramatically improves outcomes, U.S. Customs retains final discretion, and early engagement with a specialist broker remains the safest strategy.
Many high-end objects fall outside Chapter 97—and thus outside tariff exemptions. Be especially cautious with:
Even well-meaning documentation may not protect you from misclassification. If the item is a “functional object,” tariffs will likely apply.
If your gallery exhibits in U.S. fairs:
Planning an exhibition or preview? Consider storing high-value items in-market using trusted storage and fulfillment providers with customs experience. This can help reduce risk and streamline post-sale logistics.
We’ve observed that artworks shipped via courier services such as DHL or FedEx are more frequently misclassified or mistakenly assessed duties, even when eligible for exemption. These services rely on automated systems and have limited capacity for nuance. Customs delays are also becoming more frequent via Air Courier: for example, DHL recently temporarily halted business-to-consumer (B2C) shipments to private individuals in the U.S. for items with a declared customs value above USD 800, in an effort to clear accumulated backlogs.
Instead, we recommend using Air Cargo for shipments of high-value or exempt artworks. This allows Convelio’s dedicated customs brokers to process clearance directly, minimizing the risk of erroneous duties, delays, and extra costs for your clients.
Note: Even when exempt from tariffs, all imports are still subject to the standard U.S. Merchandise Processing Fee (MPF) and import bond requirements.
Logistics is no longer just about moving goods—it’s about managing compliance, timing, and cost predictability. By working with an art logistics partner like Convelio, you gain access to:
Galleries using Convelio’s services are already seeing smoother entries, fewer border holds, and faster turnaround for collectors receiving international purchases.
In times of uncertainty, clarity becomes a competitive edge. By taking a proactive approach to documentation, classification, and partner alignment, art businesses can not only protect themselves from unforeseen costs, but also preserve the trust and confidence of their collectors.
The current tariff developments are unsettling, but they may not require a fundamental restructuring of gallery operations—at least not immediately. Based on the political signals coming out of Washington and key trade partners, there’s reason to believe that the present environment may be temporary. Negotiations are ongoing, and indications suggest a progressive softening of trade restrictions after the current 90-day review period.
Nevertheless, staying agile is critical. Two strategic adjustments can help galleries, dealers, and art businesses navigate both the short and long term without compromising their market position.
In the near term, galleries and dealers may wish to optimize inventory decisions by:
This temporary tactical shift allows businesses to sustain sales momentum without risking unexpected tariff burdens or customs reclassifications.
If the current trade tensions solidify into a longer-term reality, more structural adjustments may become necessary:
In both cases, the key is flexibility. The businesses that remain nimble, ready to adjust inventory flows, sourcing practices, and client engagement strategies, will not only withstand the current environment but emerge stronger, more diversified, and more competitive in a shifting global art economy.
Recent signals from policymakers also suggest cautious optimism. Federal Reserve Chair Jay Powell has emphasized the downside economic risks tied to tariffs, and Treasury Secretary Scott Bessent described the current trade dynamics as "unsustainable." Even President Trump has softened rhetoric, indicating potential reductions in duties with China. These signs collectively point toward a likely de-escalation of trade tensions, potentially restoring more predictable market conditions later in 2025.
The recent tariff changes imposed by the United States mark more than a regulatory update—they represent a decisive shift in the dynamics between trade policy and the global art economy. For those working within the complexities of art operations, design sales, and international exhibitions, this shift demands more than awareness. It calls for structure, strategy, and a readiness to act with precision.
What’s clear from recent weeks is this: art is not immune to geopolitics. While cultural protections are embedded in U.S. law, they are not universal, and the margins between exemption and exposure are increasingly defined by how well-prepared your shipment paperwork is, how precisely your objects are described, and how quickly you can pivot when policies change.
That’s where expert support comes in.
At Convelio, our mission is to simplify complexity. Whether you’re sending a single sculpture across the Atlantic or coordinating logistics for a multi-venue exhibition, we offer end-to-end support designed around the nuances of today’s art trade landscape. With integrated shipping, storage, customs, and compliance services, our logistics ecosystem is built for the challenges you face, not just the distance your works travel.