About us Melchionna PLLC represents and assists North American and European business clients in achieving their goals with sound legal advice and innovative solutions to current...
Luca CM Melchionna, Esq., Managing member Luca CM Melchionna has 25+ years of experience in both private practice and academia, in Italy and in the United States. He is a...
Mission Melchionna PLLC is an indipendent law firm. Melchionna PLLC’s mission is to provide outstanding legal services and tax advice. We focus on building a relationship with...
Importing works of art in the US has almost always been duty free. However, Chinese art may soon be subject to a new 25% tariff due to rising tensions in the US-Chinese trade war....
What are the major features distinguishing employees within a particular business organization? Generally, there are 4 types of employees, and the rules governing each type...
Food allergen labeling requirements in the EU and USA are similar in principle as they are meant to reach the same results: adequately inform consumers, protect their health, and...
Businesses in Arkansas will no longer be able to market their cauliflower-based rice substitute as “cauliflower rice” due to the state’s new “truth in labeling” law. Act 501 makes...
Are employees allowed to discuss arbitral proceedings, its merit and documents disclosure with third parties if they signed an exclusive arbitration agreement? In Pfizer,...
Tennessee Wine and Spirits Retailers Association v. Thomas, (SCOTUS Docket No. 18-96), whose US Supreme Court Decision is set to be announced in June 2019, asks the Justices to...
On October 9, 2018 the City and State of New York introduced and enforced an in-depth protocol regarding the prevention, investigation and sanction of sexual harassment in the...
Restricted stocks conferred to employees, that is stocks that employees can transfer after vesting, are subject to certain tax rules that distinguish them from granted or fully...
In South Dakota v. Wayfair et al., (585 U.S. ___, 2018) the Supreme Court of the United State has overturned a precedent previously established in Qill Corp. V. North Dakota...
Importing works of art in the US has almost always been duty free. However, Chinese art may soon be subject to a new 25% tariff due to rising tensions in the US-Chinese trade war. This is the statement released by the head of the Trade Representative on Section 301 Action: “Earlier today, at the direction of the President, the United States increased the level of tariffs from 10 percent to 25 percent on approximately $200 billion worth of Chinese imports. The President also ordered us to begin the process of raising tariffs on essentially all remaining imports from China, which are valued at approximately $300 billion.”
It is not clear from the representative’s statement whether paintings, sculptures and art pieces in general will be subject to a new 25% tariff. At this time art pieces and artifacts are not included in the revised tariff list but constituents are scheduled to discuss this matter further.
Among the various issues to consider: whether Chinese artifacts, including those imported from other countries, are covered by the new tariffs (what about a work of art that remained in Europe for the last 200 years?); how the distinction between artifacts and/or works of art with intrinsic historical and cultural importance and industrial/artisanal will be determined (who will judge the historical value at the border?); whether works by contemporary Chinese artists should be subject to the same tariff (what about a contemporary painting?); and whether installation or performance art by Chinese artists will be subject to the new tariffs; in which way a tariff can protect the US market for goods that are not fungible?
Duties, in turn, will be passed to American buyers by adding them to the final price of Chinese art and antiquities – certainly a significant concern for art collectors, art dealers, and cultural institutions. However, current owners of Chinese art may see the value of their works increase, as an artificial shortage could raise prices and encourage investment in rare Chinese goods.
The information provided here does not, and is not intended to, constitute legal advice but simply information for general purposes only and may not be the most up to date. Use of our website or any of its links or resources do not create an attorney-client relationship between the reader, user, or browser and the law firm. The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only.