Key Takeaways:
- Art valued at less than $2,500 requires you to fill out Customs and Border Protection (CBP) Form 7523. When you bring art valued over $2,500 into the U.S., a formal entry via a licensed customs broker will be needed.
- Original artworks created exclusively by hand by the original artist are typically exempt from import duties under specific conditions outlined in the Harmonized Tariff Schedule of the United States.
- Packing and shipping methods depend on the artwork: They vary significantly depending on the size, shape, and material of the artwork.
I’m going to go over the main hurdles to importing art, including what actually qualifies and how to get certain items into the U.S. duty-free.
What are the Rules and Regulations for Importing Art Into the U.S.?
There are a few important pieces of information worth noting before trying to bring any new (or very old) masterpieces to the United States. Knowing this information will help you avoid potential problems.
Some of the required details include:
- Value of the Artwork: Different rules apply depending on the cost of the items being imported. The customs duty or import tax applied to artwork is based on a percentage of its overall value. For this reason, border agents are on the lookout for misrepresentation of value. Be sure to provide official documentation confirming the value of your imported items.
- Tariff Classification: Imported items that pass through U.S. customs must have the correct associated tariff code listed for each item. These codes are listed and organized in the Harmonized Tariff Schedule of the United States (HTSUS). Each code represents a category of goods that determines the duty rate for all imported items. Listing the wrong HTSUS code can lead to fines and delays.
No matter how complex your art shipment is, a customs broker can assist you with understand all the necessary guidelines.
Is There an Import Duty on Art?
In most situations, original works of art are exempt from import fees or duties. Chapter 97 of the HTSUS defines original artwork as art that the original artist created. This can include paintings, engravings, sculptures, and many other forms of artistic expression.
In order to qualify for this exemption, the artwork must be made exclusively by hand and without any mechanical process. Therefore, mass-produced reproductions are not eligible.
There are some items that could arguably be described as art, but don’t fall under Chapter 97, including:
- Unused postage stamps
- Precious and semiprecious stones, including pearls
- Theater props, including backdrops and painted canvas
- Hand-painted woven fabrics, boxes, and ceramic wares
Another possible exception involves the artwork’s frame. If the frame that accompanies a work of art is not typical for that type of art, it should be classified separately according to the HTS, as it may be dutiable.
Basically, you can’t buy a cheap piece of art in a solid gold frame and expect it to be duty-free on arrival. Nice try, though.
Importing Antiques Into the US
Since older pieces of art can also be considered antiques, the two commodities often come together in terms of import classification. For that reason, it’s a good idea to review the unique rules and regulations governing the definition of ‘antique’ and how it impacts the import process.
- True antiques are exempt from import duties.
- Qualifying items must be at least 100 years old and be accompanied by documented proof.
- Imported goods less than 100 years old can be subject to an import duty between 6.6% and 25% depending on country of origin and be accompanied by CBP Form 7523.
- If the value of the item(s) is over $2,500, you’ll need to submit an ACE manifest with CBP via a licensed customs broker.
Some antiques are judged by a different standard based on their age and origin. This standard is applied to items that qualify as cultural property.
The Pre-Columbian Monumental Act and How it Affects Importers
Artifacts from a number of countries are covered by this act, which is designed to prevent unauthorized importation of these culturally significant artworks. To clarify, this act applies to items that predate the arrival of European influence via the efforts of Christopher Columbus beginning in 1492.
Qualifying items include products of the pre-Columbian Indigenous cultures in any of these countries:
- Venezuela
- Peru
- Panama
- Mexico
- Honduras
- Guatemala
- El Salvador
- Ecuador
- The Dominican Republic
- Costa Rica
- Columbia
- Bolivia
- Belize
If you plan to import an antique artwork that qualifies under this act, you will need a government-issued certificate from the country of origin stating that no laws were violated in exporting the object. You can also present evidence that the item was exported from its country of origin prior to June 1, 1973.
With this information in mind, we can look at the general steps to importing art.
Choosing the Right Artist or Dealer
Finding the right supplier is vital to any successful import transaction. There are thousands of suppliers to choose from, but we can narrow the playing field a little. In the following table, I’ve listed the five countries from which U.S. importers most frequently purchase artwork and antiques.
Top Five Exporters of Artwork and Antiques to the USA for January 2024
Source: oec.world
These sales reflect the current demand for artwork from European countries.
It’s also important to make sure you’re working with a reputable business or individual. Buyers need to be aware of potential scams when buying art. Purchasing from an established and notable gallery or museum is usually a safe transaction. However, when purchasing from a private individual, I recommend taking a few extra precautions to ensure they’re legitimate.
Research and consider the following when working with a private artist or art dealer:
- Does the individual have a business for their art? Establishing a formal business indicates a high level of credibility.
- Have they displayed their work in an official capacity? If an artist has worked with galleries or museums, they should be familiar with meeting strict requirements.
- Does the individual belong to professional art organizations? There are a number of professional groups artists can join. Belonging to professional organizations further confirms the individuals’ dedication to their craft and overall professionalism.
When you bring art into the U.S. from a foreign country, it helps to have peace of mind knowing that you are working with a qualified and professional individual.
How Should Artwork be Packed and Shipped?
Since artwork comes in many shapes, sizes, and textures, there isn’t one particular packing and shipping method that works for all situations. For example, you wouldn’t use the same process to pack and ship an eight-foot watercolor painting that you would for a twenty-foot tall wooden sculpture.
When importing multiple pieces of artwork, you may have to decide between a full container load (FCL) or less than container load (LCL).
- Full Container Load: If you have a large volume for your shipment, FCL shipping is typically recommended and is sometimes the cheaper option. FCL shipping will face fewer delays since all the freight will be in the same category.
- Less than Container Load: When there isn’t enough inventory (or need) to fill a container, LCL shipping will likely be the way to go.
If you have art pieces that are extremely sensitive or valuable, you can still choose FCL options for the added security and speed.
Art importers should also be aware of any temperature controls their goods may require. Works of art, particularly antique paintings, can suffer damage outside specific temperature and humidity levels. If you’re making your own shipping arrangements, see to it that your carrier is qualified to accommodate these needs.
Importing Art from Canada to the U.S.
When shipping art from Canada to the U.S., importers need to complete CBP Form 434 and CBSA Form B232. These forms allow for goods traveling from Canada to the U.S. to be exempt from import and export duties in most cases.
This is largely due to the United States-Mexico-Canada Agreement (USMCA). The USMCA dictates that most goods exchanged between Mexico, Canada, and the U.S. are exempt from import duties.
Thanks to this arrangement, shipping goods (including artwork) from Canada to the U.S. typically requires less paperwork and is cheaper when compared to other countries, making our neighbor to the north an attractive option.
Do I Need a Customs Bond to Import Art?
If the total value of your art shipment exceeds $2,500, a customs bond will be required. Having this bond will ensure that all duties and fees are paid, reducing the likelihood that your shipment will face delays at the border.
Customs bonds can be purchased individually, or your broker may recommend using their bond when importing your shipments. Brokers can also assist you with a number of other services that simplify the import process.
Related: How to Get a Customs Bond
Importing Art With USA Customs Clearance
There are many important details to consider when importing art. Processing all of this information can be time-consuming and stressful. For this reason, many art importers work with a customs broker.
At USA Customs Clearance, our experienced brokers have worked with thousands of importers just like you to simplify the importing process.
Our services include:
When combined, these services work to make sure that your shipment arrives on time and avoid any issues at the border. Give us a call at (855) 912-0406, or contact us online for picture-perfect assistance with importing artwork.