US tariffs and art imports in 2026: what the Supreme Court ruling, the Section 301 duties and the 50% tariff on Canada mean for paintings and sculpture
On 20 February 2026 the Supreme Court struck down the IEEPA tariffs. Replacement duties followed, but the US trade representative largely exempted art and antiques from the July Section 301 tariffs. The exception is Canada. What applies to a painting entering the United States.
A painting by a dead European master can still enter the United States without a tariff. That was not obvious in February, and it is not true for every object in an auction catalogue.
On 20 February 2026, in Learning Resources, Inc. v. Trump, the Supreme Court ruled 6 to 3 that the International Emergency Economic Powers Act does not allow the president to impose tariffs, Jones Day reported. The administration moved the same day to a different law. A proclamation under Section 122 of the Trade Act of 1974 set a 10% duty on most imports from 24 February. On 21 February the president said the rate would be 15%, the legal maximum. As of mid May the rate applied was still 10%, according to Gibson Dunn, and Section 122 duties lapse after 150 days unless Congress extends them.
Where did art stand? The usual shield is classification. Headings 9701 to 9703 of the US tariff schedule, which cover paintings and drawings, original prints and original sculpture, have long been treated as "informational materials" and kept out of emergency tariffs, the art lawyers at Art@Law wrote on 25 February. Under IEEPA, customs had also treated stamps (9704) and collections (9705) that way. Antiques over 100 years old, heading 9706, never had that protection. The White House said informational materials were shielded from Section 122 as well.
Then the courts moved again. On 7 May 2026 the Court of International Trade, in a 2 to 1 decision, found the Section 122 surcharge unsupported by the statute. On 12 May the Federal Circuit put the order on hold while the appeal runs, Gibson Dunn noted.
The next round came in July. New duties of 10% or 12.5% on imports from around 80 countries, under Section 301 of the Trade Act of 1974, were announced, with 16 economies under investigation including the European Union, China, Japan, Switzerland and South Korea. A USTR fact sheet dated 23 July largely exempted art, antiques and collectibles, The Art Newspaper reported on 28 July. CINOA, the dealers' federation, welcomed the decision.
Canada is the exception. A 50% tariff on Canadian goods announced on 20 July applies to art, antiques, stamps, coins and most collectibles, according to The Art Newspaper. CARFAC, the Canadian artists' association, says it took effect at 12:01 a.m. Eastern time on 19 August 2026 and covers works produced in Canada, from paintings and prints to sculpture. A Picasso shipped from Toronto is not a Canadian product. A work by a Canadian artist is.
What it means for a buyer. For a modern or post-war painting, the duty question today is mostly about the correct heading and the country of origin, not the price. Design, decorative arts and anything filed under 9706 deserve a closer look, and every rule above has been rewritten at least once this year. Check the classification before the shipment, not after.
Unicorn Art Watch follows auction prices and market news for 100 masters. In Unicorn Art Club the works bought for members are held in an insured art storage facility, so import and storage location are part of the purchase decision. The guide linked among the sources explains the process.
Investing involves the risk of losing capital.
Sources
- Jones Day, United States Supreme Court invalidates IEEPA tariffs, February 2026
- Art@Law, US tariffs: the next chapter, 25 February 2026
- Gibson Dunn, Section 122 global tariffs invalidated by the Court of International Trade, 13 May 2026
- The Art Newspaper, New Trump tariffs largely exempt art and antiques, 28 July 2026
- CARFAC, New US tariffs and their impact on the visual arts, 14 August 2026 (updated 1 September 2026)
- Unicorn Art Club, guide: how to invest in blue-chip art through Unicorn Art Club