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Tariff Bill for Original Art Work just arrived from FedEx- three weeks after delivery of the Art

Just an FYI
Around May 10 we purchased an original oil painting from an art gallery in Siena. It was an artist we knew, and we love the piece. At the time, the whole tariff issue was under discussion, and we thought tariffs were on hold until July. The gallery gave us a slight discount, because if the uncertainty.
The painting arrived in perfect condition four weeks after purchase, as expected.
The tariff bill arrived today from FedEx- 10% of the estimated value ( not the actual paid price) and of course we are at the wrong end of the Euro to USD exchange rate.
I had read a few article where folks had ordered clothes from European companies and received tariff bills a few weeks later, and was wondering......
We will pay the bill, but just sharing our experience. Seems like FedEx should have charged the tariff when the painting was delivered, but whatever.....Again, we love the painting.
Now, do I order these Pikolinos shoes that ship from Barcelona?

Posted by
436 posts

Order the shoes. Or, just go to Barcelona and purchase them :)

Posted by
8682 posts

Tariffs are not on hold until July, only changes to the tariffs. There are existing tariffs and duties in place, and that is what you had to pay.

Duties also vary depending on whether you bring it back with you, vs shipping via a carrier. Sometimes, carrying things back, duties are not levied, or at least you gain some exemptions. When shipping, you will always be levied duty.

Posted by
1239 posts

The tariff bill arrived today from FedEx- 10% of the estimated value ( not the actual paid price) and of course we are at the wrong end of the Euro to USD exchange rate.

How was the value estimated by FedEx vs the price you paid? Was the value higher or lower? Just curious...seems like the amount paid is the relevant "value" for these purposes.

Posted by
992 posts

So tariffs are due to CBP when the freight arrives in the US. For commercial importers, the broker pays on the importer's behalf and the importer gets a bill to pay later; in some cases, the importer will pay CBP directly.

So FX would have to pay your tariff on your behalf? No, you don't have a relationship like that with them, you're just a one off customer, which is why it makes sense to make you pay prior to delivery.

I'd be interested in the value, however. If you have a bona fide invoice/bill of sale from the gallery or artist, they should be using that. Nothing that the current administration has changed vis a vis tariffs impact VALUE (unless it's a de minimis exemption). I'd definitely argue with them about that.

Posted by
1239 posts

So FX would have to pay your tariff on your behalf? No, you don't have a relationship like that with them, you're just a one off customer, which is why it makes sense to make you pay prior to delivery.

OP says the tariff charge came after the delivery (seems backward to me, too).

Posted by
9838 posts

From what I understand and from everything I've read, FedEx has to pay the price of that tariff by Customs at the time they receive it. FedEx pays the tariff fee (for you) to facilitate import, then bills you for it after delivery. In essence, they are basically acting as a customs broker. In order to do that, the gallery stated somewhere on the shipping documents that you were responsible for these charges. It may not make sense to deliver first and then request the fee later, but I imagine it avoids backlog.

Edit:
Pat, btw, about 6 months ago, I found a pair of Pikolinos shoes at my local Goodwill store. The price was $10 and even better, they were in my daughter's size. She was thrilled and I feel like I got such a bargain! They were in very good condition, too.

Posted by
29172 posts

In the good old days (prior to 1995) there was no duty on original artwork (as well as some other categories of goods). I do not know when that changed--maybe only this year with the tariff situation?

A couple of weeks ago I spoke to staff at two glass galleries in London about shipping costs and potential duties on objects in the $2000-$3000 price range (which I did not purchase). Both told me duties had not been an issue for any of their recent US purchasers, referring to the original-art exemption. Now, based on the timing of Pat's experience, I wonder whether the duty chickens just haven't come home to roost yet. It could also be an issue of value. The US Customs folks have traditionally not bothered to assess duty on non-commercial shipments with values so low the amount to be collected wasn't worth the bother. Correction: Though for the purposes of this thread it doesn't matter, the price range for the glass works was between 2000 and 3000 GBP, not dollars.

Or maybe Pat shouldn't have been charged the tariff on her art...

Posted by
9838 posts

That's interesting, acraven—it made me curious and I found the CBP article about it:

Original works of art (i.e. paintings, drawings, pastels, collages and decorative plaques) with or without their frames are duty-free under Chapter 97 in the Harmonized Tariff Schedule (HTS). However, if the frame is not of a value considered normal for the work of art, it will have to be classified separately under its applicable provision and may be dutiable. These original works of art, whether ancient or modern, must be executed entirely by hand.

Drawings for architectural, engineering, industrial, commercial, topographical purposes are not eligible for the original works of art heading, but are duty-free under Heading 4906, provided they are from a Column 1 country that has Normal Trade Relations status with the United States. Heading 9701 also does not apply to hand-painted or hand-decorated manufactured articles, such as wall coverings consisting of hand-painted woven fabrics, holiday souvenirs, boxes and ceramic wares (i.e. plates, dishes, vases, etc.) Original engravings, prints and lithographs are also duty free under heading 9702. Sculptures of any material are duty free under 9703.

If entering works of art commercially at a land border and the value is under $2500, use CBP Form CF-7523. If the item is valued over $2500 formal entry through a Customs Broker and ACE manifest is required. Personal importation can be done by an oral declaration at a Port of Entry.

For more information on duty-free treatment for original works of art under Chapter 97, please reference the HTS and CBP's Informed Compliance Publication for Original Works of Art.

Published 8/12/2024

But having inserted this, I'm not sure if that is affected by tariffs. Very interesting question. And here is one article that addresses this: https://andipagallery.com/blog/178-is-art-imported-to-the-usa-subject-to/

Posted by
992 posts

All of chapter 97 is still showing free. Maybe FX thought it was from China? i am not well versed at all on the new administrations' tariffs, ftr, but chapter 97 isn't affected... this is ODD.

Posted by
6525 posts

Yes, the painting arrived about three weeks before the tariff bill from FedEx.
The form clearly details the painting as originating in Italy. Italy has a formal process for clearing art to leave the country, so there's no mistaking where the painting came from. It was on the wood stretchers, no formal frame. To their credit, the art gallery was very professional and did not pretend to know what would happen, (and maybe we should contact them, so they can warn other customers.)
The value the art gallery wrote was €2400, altho we bargained and paid less. Shipping, packaging, and insurance were included in the total price, and the painting is large.
This is an artist we first discovered in Bellagio, and purchased the same size oil painting in 2023, a beautiful rendition of Varenna. There was no tariff charged then.
We love this painting, it's called "Colors of Siena", and am not upset about the tariff, we knew there always a possible risk. Thankfully it was not higher. Overall, the price was less than the painting we bought two years ago in Bellagio. We had such a good time deciding to buy, and visited the gallery for four days deciding.
Thanks to all for your interest. I thought you all would find this interesting.

Posted by
6525 posts

Mardee, sometimes I find new Pikolinos on EBay. I have a Search set up in my size. About every six months I find a great, new pair. Congrats on your find.
Pikolinos are sold in Belgium, about €80 euros cheaper than here. A pair came home with me last year, and I might be going back next year......