Tuesday, 31 March 2026

Subject: Member Alert: U.S. Tariff Consultation Potential Impact on Art & Antiques Trade – April 15 deadline

Dear Member,

We want to update you on recent U.S. trade measures and the ongoing Section 301 consultation, which may affect cultural goods, including antiques, artworks, and collectors’ items. Under Section 301, HTS Chapter 97 goods have not historically qualified for the “informational materials” tariff exemption, meaning they could be subject to new tariffs once Section 122 authority expires.

Timeline of Key Events:

  1. February 24, 2026: The U.S. Government imposed a temporary 10% global tariff under Section 122 of the Trade Act of 1974, following court limitations on the use of IEEPA for tariffs. Unlike IEEPA, Section 122 does not explicitly provide an exemption for “informational materials,” creating uncertainty as to whether certain artworks and cultural goods will remain duty-free in practice; however, many artworks and cultural goods have in practice continued to benefit from duty-free treatment.  
  2. July 24, 2026: The Section 122 tariff is scheduled to expire, unless Congress takes further action. 
  3. Future measures: The U.S. Administration is considering Section 301 as a legal mechanism to continue applying tariffs once Section 122 authority ends. Importantly, the “informational materials” exemption does not apply to Section 301 tariffs, meaning that HTS Chapter 97 goods could be subject to duties under any future measures.

Section 301 Consultation:
The U.S. Trade Representative (USTR) has opened a public consultation on whether certain countries are creating unfair competition through overproduction in manufacturing sectors, and whether tariffs should be imposed in response.

While this is primarily focused on industrial goods, the scope of the consultation is broad and could extend to cultural goods, including artworks, antiques, and collectors’ items. This means that items traded by dealers could potentially be affected by future tariffs, depending on how measures are applied. The consultation specifically mentions goods from:

  • European Union: Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden
  • Other countries: China, Singapore, Switzerland, Norway, Indonesia, Malaysia, Cambodia, Thailand, Korea, Vietnam, Taiwan, Bangladesh, Mexico, Japan, India 

CINOA submitted comments (see attachment) on behalf of all these countries, urging the exclusion of HTS Chapter 97 goods from any Section 301 tariffs. We strongly encourage all members to submit their own comments to ensure U.S. authorities understand the potential impact on the art and antiques sector.

CINOA’s Key Arguments for Excluding HTS Chapter 97 Goods

Legal and Policy Consistency:
U.S. law and international agreements have long supported duty-free circulation of cultural goods, including the Tariff Act of 1930 (HTS 9706 for antiques), theUNESCO Florence Agreement (1950), and the Educational, Scientific, and Cultural Materials Importation Act of 1966 (19 U.S.C. § 1202). These instruments reflectthe US Congressional intent that artworks, antiques, and collectors’ items circulate freely, outside trade restrictions for industrial products.

Structural and Policy Rationale:
Chapter 97 goods are unique, finite, and non-industrial. Antiques, historical works, manuscripts, and rare books cannot be recreated domestically; paintings, sculptures, prints, and manuscripts derive value from authorship, provenance, and cultural significance. Many items have circulated internationally for decades or centuries. There is no overproduction, no structural excess capacity, and no connection to domestic manufacturing. Section 301 tariffs would not correct any unfair trade practice and cannot be substituted by domestic alternatives.

Disproportionate Impact:
Tariffs would primarily burden galleries, dealers, auction houses, museums, small businesses, and collectors, discouraging international consignments, reducing market activity, and incentivizing a shift of trade away from the United States. They would undermine U.S. leadership in the global art, antiques, antiquarian, and numismatic markets while generating no tangible trade policy benefit.

HTS Chapter 97 includes:

  • 9701: Paintings, drawings, pastels 
  • 9702: Original engravings, prints, lithographs
  • 9703: Sculptures and statuary 
  • 9704: Stamps and postal stationery 
  • 9705: Collectors’ items of zoological, botanical, mineralogical, historical, archaeological, palaeontological, ethnographic, or numismatic interest
  • 9706: Antiques over 100 years old 

Consultation details:

For any questions, please contact the CINOA Secretariat. We also extend our thanks to Peter Tompa (IAPN) for bringing this consultation to our attention.

VIEW THE SUBMISSION

CINOA submission for US consultation Section 301 March 2026

Social Media