How to Send Paintings to the USA Now: New Customs Rules 2026
The US tariff changes have rewritten the logic of shipping paintings to America. Since 29 August 2025 every parcel, whatever its value, must be formally declared, and the recipient pays duty on delivery. Gifts, personal effects and commercial shipments valued up to 800 dollars once crossed the border free of charge; that threshold is now gone for good.
For an artist in Ukraine this is not an abstract Bloomberg headline but a direct hit to the cost of a sale. A client in Brooklyn who ordered a 250-dollar watercolour now receives a DHL invoice with duty and a brokerage fee, and calls asking why. Here is what actually changed, who pays what, and how to prepare a shipment so that it does not sit in New York for three weeks.
Documenting an international parcel: an example of a CN23 customs declaration.
- Executive Order 14324 removed the 800-dollar duty-free threshold, effective 29 August 2025.
- The Supreme Court ruling of 20 February 2026 did not bring the threshold back. On the same day, Executive Order 14388 preserved the suspension on a separate legal footing; CBP made it permanent by regulation in June 2026, with statutory repeal following on 1 July 2027.
- The 10% IEEPA surcharge applied to Ukraine from 5 April 2025 until 24 February 2026. After the Supreme Court ruling it was replaced by a 10% Section 122 tariff, which ran until 24 July 2026.
- By default the recipient pays the duty (DDU terms). To pay it yourself, select DDP when booking the shipment.
- Handmade work carries no automatic exemption. The base MFN rate under headings 9701 and 9702 is zero and never changed, but the declaration procedure is mandatory for everyone.
What was introduced, and when it took effect
The chronology in brief. On 2 April 2025 the President signed Executive Order 14257, the reciprocal tariffs order the White House called "Liberation Day". A universal 10% baseline rate on imports from all countries took effect on 5 April. Higher country-specific rates followed on 9 April for dozens of economies: the European Union at 20%, China at 54%, Vietnam at 46%, Thailand at 36%. Ukraine remained in the 10% baseline category.
On 30 July 2025 came Executive Order 14324, ending the de minimis exemption. Until then, parcels to the US worth up to 800 dollars entered duty-free under a simplified procedure; from 29 August 2025 the exemption ceased to apply to every country without exception. On 5 September that year, Executive Order 14346 confirmed a revised Annex II and set out procedures for framework agreements, including with EU member states that agreed to move towards zero rates on a range of goods in exchange for reciprocal commitments.
The US reciprocal tariff table published by the administration on 2 April 2025.
By summer 2026 the structure had been rebuilt several times. On 20 February 2026 the Supreme Court, by 6 votes to 3 in Learning Resources v. Trump and V.O.S. Selections, held that the International Emergency Economic Powers Act does not authorise the President to impose tariffs; CBP stopped collecting IEEPA duties on 24 February. The same day the administration reissued the 10% baseline under Section 122 of the Trade Act of 1974 for 150 days, the maximum the statute allows. On 24 July 2026 Section 122 expired by operation of law, and USTR launched a new wave under Section 301 that same day: rates of 10% or 12.5% for 60 economies, including Canada, Mexico, the EU member states, the United Kingdom, India and China. This time the legal basis was a forced-labour investigation rather than reciprocity. Ukraine does not appear in the Section 301 lists, so confirm the applicable rate with your carrier's broker on the day you ship.
What about the "100-dollar threshold"
There is persistent confusion here worth clearing up. The 800-dollar de minimis threshold was abolished outright, and nothing in EO 14324 shifts it to 100 dollars. What people call the "100-dollar threshold" was in fact a different mechanism: for international postal items, carriers could choose between duty at the country's applicable rate or a flat fee of between 80 and 200 dollars per item, depending on that country's tariff tier. It was a calculation option, not a value threshold. For international mail this arrangement ended on 28 February 2026.
The practical conclusion for an artist is straightforward: understating the value on the declaration saves nothing. Insurance compensation for a lost item is calculated on the declared value, not the actual one, so the risk is out of all proportion to the gain.
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800 $
The former duty-free threshold, in force until 29 August 2025
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80–200 $
Flat fee per postal item as an alternative to duty, until 28 February 2026
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10 %
Rate for Ukraine: IEEPA until 24 February 2026, then Section 122 until 24 July 2026
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How to document a painting or a print run
Forget marking the package "personal gift, no commercial value". CBP stopped taking such notes at face value long ago, and since 29 August 2025 gift status confers no exemption at all. Every shipment to the US now rests on three documents: a correctly completed CN22 declaration (for items up to 300 SDR, roughly 400 dollars) or CN23 (for higher values), a commercial invoice with the consignee's details, and the HS code for the item.
Inspection of an international postal item by US Customs and Border Protection officers.
1 |
Determine the HS code. Original paintings in oil, tempera or gouache fall under 9701.21 or 9701.22. Prints and works on paper produced from the artist's own plate use 9702. For fine-art photography the code depends on technique: most often 4911.91 for reproductions, or 9701 for a signed unique work. Your broker confirms the exact classification. |
2 |
State the real value. The invoice reflects what the collector actually paid, not a token 20 dollars. An understated price turns into a risk of seizure, a fine and a second round of paperwork. |
3 |
Choose your delivery terms. DDU (Delivered Duties Unpaid): the recipient pays on arrival. DDP (Delivered Duties Paid): you build the customs cost into your price and settle it through the carrier before the parcel leaves Ukraine. For galleries and repeat clients, the second is the courteous option. |
4 |
Think about the markings. For fragile work: "Fragile, artwork", written out in both Ukrainian and English. Stretched canvases need a rigid box with double-wall corrugated board; rolled works need a tube with an internal diameter 3–4 cm greater than the roll. |
5 |
Send the recipient the paperwork in advance: scans of the CN22 or CN23, the invoice and the certificate of authenticity. If the shipment is held for inspection, your client can answer the broker in a single exchange rather than over a week. |
Who pays what, in real numbers
Take a concrete case. An oil painting at 400 dollars, shipped from Kyiv by EMS. HS code 9701.21, 1.8 kg packed. Before 29 August 2025 the recipient paid nothing in duty. Between 29 August 2025 and 24 February 2026, while the IEEPA surcharge applied, the 10% baseline produced around 40 dollars in duty plus the carrier's brokerage fee (typically 15–25 dollars with DHL and FedEx). After the Supreme Court ruling the IEEPA tariffs were withdrawn; for original paintings under HTS 9701 the base MFN rate is zero, so the amount now due depends on whether the sender's country falls within the Section 301 wave. Check on the day you ship.
A second example. A run of 20 hand-pulled prints at 60 dollars each, 1,200 dollars for the parcel. HS code 9702, base MFN rate under HTS: 0%. While the 10% IEEPA surcharge was in force the recipient would have paid around 120 dollars; that surcharge ended on 24 February 2026. For a consolidated lot destined for a marketplace rather than a single gallery delivery, add a carrier brokerage fee of roughly 3% of shipment value.
| Shipment type | Value of work or run | Duty payable by recipient | Who pays by default |
|---|---|---|---|
| Postal item (USPS) | up to $100 | flat fee $80–200 per route | recipient |
| Postal item (USPS) | $100–800 | 10% of value | recipient |
| Courier: DHL, FedEx, UPS | any | 10% + brokerage fee $15–25 | DDU: recipient / DDP: sender |
| Gallery delivery via customs broker | from $2,000 | 10% + broker per contract | sender or gallery per contract |
The 10% figure in this table reflects the IEEPA surcharge under EO 14257 before the Supreme Court struck it down on 20 February 2026, and the Section 122 rate that ran until 24 July 2026. The table is included for historical reference. Confirm the amount payable on your shipping date with the CBP calculator or your carrier's broker.
Five options for artists
The most common mistake is rewriting the price list to hide the duty. The American market reacts badly: clients see one price on your site and another on the DHL invoice, and trust erodes. The opposite works better: transparency, with customs costs folded into a single DDP figure. It goes through more calmly and your reputation survives.
✅ What works
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❌ What not to do
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What sits outside the frame
Executive Order 14346 included one important carve-out. Products that cannot be produced or extracted in the United States in sufficient volume, along with certain categories of agricultural goods, aviation equipment and generic pharmaceutical components, may receive a zero reciprocal rate under the terms of final agreements. Original art, meanwhile, retained its zero MFN rate under HTS 9701 and 9702: the base duties for paintings, artist's prints and unique sculpture never changed. The 10% IEEPA surcharge was withdrawn along with the other IEEPA tariffs after the Supreme Court ruling of 20 February 2026. In practice this means that for originals the rate matters less than the declaration procedure itself, which did not go anywhere when de minimis ended.
US Customs and Border Protection screening international freight at a marine terminal.
A separate note on sanctions and parallel restrictions. Artists working with materials from sanctioned sources — birch plywood or pigments of Russian origin, for instance — risk an additional check. It has nothing to do with the work itself, but explaining the provenance of your materials at the broker's twelfth question is an unpleasant experience. List the composition of the canvas and ground as a separate line in the work's documentation.
In summary
The tariff changes turned a parcel to the United States from a simple postal operation into a small export project. The 800-dollar threshold is history, and the CN22 declaration has become a required skill for any artist selling into the States. The bad news: your client's costs have gone up. The good news: the rules are now the same for everyone, and doing the paperwork properly no longer puts you at a disadvantage.
Frequently asked questions
Executive Order 14324 was signed on 30 July 2025 and took effect on 29 August 2025. From that date de minimis no longer applies to any country.
No. The ruling of 20 February 2026 concerned tariffs imposed under IEEPA and did not address de minimis. On the same day, Executive Order 14388 preserved the suspension on a separate legal footing; CBP made it permanent by regulation in June 2026, and on 13 August 2026 the Court of International Trade confirmed the President's authority to eliminate the exemption. Statutory repeal follows on 1 July 2027.
The IEEPA baseline rate for Ukraine was 10% and applied from 5 April 2025 until 24 February 2026, after which it was replaced by a 10% Section 122 tariff that ran until 24 July 2026. For original art the base MFN rate under headings 9701 and 9702 is zero; confirm the total payable before shipping.
State the real value at market price or insured valuation. Since de minimis ended, marking an item "gift" does not exempt it from duty and will delay the shipment if an inspector questions the valuation.
Yes, using DDP (Delivered Duties Paid) with DHL, FedEx or UPS. The customs cost is included in the invoice when you book the shipment in Ukraine, and the recipient pays nothing further.
Shipments that crossed the US border before 12:01 a.m. Eastern Time on 29 August 2025 were processed under the old rules. If a parcel was still held at customs after that date, the new scheme applies and the difference must be paid; the date of dispatch does not count.
On 20 February 2026 the Supreme Court held by 6 votes to 3 that the IEEPA tariffs exceeded presidential authority; CBP stopped collecting them on 24 February. The administration reissued the 10% baseline under Section 122 of the Trade Act of 1974 for 150 days. That period expired on 24 July 2026, and USTR launched a Section 301 action the same day on the basis of a forced-labour investigation: rates of 10% or 12.5% for 60 economies. Confirm the rate applying to Ukraine with your carrier's broker on the day you ship.
