Tariffs on Chinese-origin art and antiques set to come into effect on September 1

14 August 2019 | Applicable law: US

Yesterday, the US Trade Representative (USTR) released two lists of Chinese goods that will be subject to the 10% tariff on Chinese imports which President Trump announced on August 1, 2019. The first list of goods will be subject to the tariff effective September 1, 2019, and the second list of goods will be subject to the tariff effective December 15, 2019. 

Unfortunately, for the US art market and cultural institutions, Chinese-origin artworks, which include paintings, drawings, sculptures, prints, and antiques over 100 years old, currently appear on the final list of goods subject to the 10% tariff coming into effect on September 1, 2019. The 10% tariff as currently proposed would apply to any such artworks originally created in China, regardless of the country of export, and would apply to any Chinese-origin artworks coming into the US whether being imported for a loan, consignment, purchase, or sale.

US museums, dealers, auction houses, and collectors find themselves in a similar position to that of a year ago, when the Trump Administration proposed a 25% tariff on Chinese art and antiques. Ultimately, last year, the final list of goods subject to the 25% tariff excluded Chinese-origin art following an outcry from the US art market.

The USTR is expected to publish additional details regarding the currently proposed 10% tariff in the Federal Register soon, and we are tracking the process as it unfolds. If you have any questions regarding this update, please contact the Withers Art Team.

This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.


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