Hello from the world of high-stakes curation! After 23 years in the marketing trenches and a decade surrounded by Regency sideboards and mid-century teak, I’ve learned that in the world of antiques, “old” is a relative term—but in the world of Customs, it’s a very specific number.
The short answer is: Genuinely “antique” items are largely duty-free, but they are currently caught in a complex web of new trade policies. Here is the breakdown of how the law sees your treasures in 2026:
1. The “Magic” 100-Year Rule
According to the Harmonized Tariff Schedule (HTS) Heading 9706, an item must be at least 100 years old at the time of importation to be legally classified as an “antique.”
- The Perk: If it hits that century mark, it is generally exempt from standard customs duties.
- The Catch: You can’t just “vibe” that it’s old. Customs Border Protection (CBP) requires a formal Antique Declaration or an expert appraisal. If you can’t prove it’s from 1926 or earlier, they’ll default to its modern category (like “wooden furniture”), which carries a cost.
2. The 2025/2026 “Liberation Day” Tariffs
Here is where my marketing brain warns you about the “fine print.” Starting in 2025, the U.S. implemented broad new tariffs (often 10–25% depending on the country of origin) under the International Emergency Economic Powers Act (IEEPA).
- The Conflict: While antiques are “duty-free” under HTS 9706, they are not always exempt from these newer, additional trade tariffs.
- The Fine Art Exception: Original paintings, drawings, and sculptures (HTS 9701–9703) are often treated as “informational materials” and are more likely to stay truly tax-free. However, “functional” antiques—like that stunning 18th-century French armoire—are frequently being hit with these newer fees.
3. Vintage vs. Antique: The Pricey Difference
If you’re importing “Vintage” (items less than 100 years old, like Mid-Century Modern), hold onto your wallet.
- No Protection: Vintage items do not qualify for the 9706 exemption.
- De Minimis is Dead: The old rule where shipments under $800 entered duty-free was largely eliminated in late 2025. Now, almost every vintage lamp or chair from overseas will face a tariff based on its country of manufacture.
The Curator’s Pro-Tip:
Always check the Country of Origin, not the shipping location. If you buy a German vase from a dealer in London, the tariff is calculated on the German rate. In today’s climate, “Made in” is more important than “Shipped from.”
