[Federal Register Volume 59, Number 122 (Monday, June 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15528]


[[Page Unknown]]

[Federal Register: June 27, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 12

[T.D. 94-54]
RIN 1515-AB55

 

Extension of Import Restrictions on Significant Archaeological 
Artifacts from Peru

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document amends the Customs Regulations to reflect the 
extension of the import restrictions on culturally significant 
archaeological artifacts from the Sipan Region of Peru which were 
imposed by T.D. 90-37. The Deputy Director of the United States 
Information Agency (USIA) has determined that the emergency conditions 
which originally warranted the imposition of import restrictions still 
exist. Accordingly, the restrictions will continue to be in effect for 
an additional three years, and the Customs Regulations are being 
amended to indicate this extension.

EFFECTIVE DATE: June 27, 1994.

FOR FURTHER INFORMATION CONTACT: Legal Aspects: John Atwood, Chief, 
Intellectual Property Rights Branch, (202) 482-6960.
    Operational Aspects: Roland Bernier, Chief, Other Agency 
Enforcement Branch, Office of Trade Operations, (202) 927-0051.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to the provisions of the Convention on Cultural Property 
Implementation Act, the Deputy Director of the United States 
Information Agency (USIA), after consultation with the Secretaries of 
State and Treasury, determined that certain archaeological materials 
from the Sipan Archaeological Region of Peru, which material was 
identified as comprising part of Peru's cultural patrimony forming part 
of the remains of the Moche culture were being pillaged, or in danger 
of being pillaged, in crisis proportions and that an emergency 
condition existed which warranted the imposition of a prohibition on 
the importation of such articles into the United States. In T.D. 90-37, 
the Customs Service announced the imposition of import restrictions and 
identified the types of articles covered by the restrictions.
    The Deputy Director of the USIA has considered the recommendations 
of the Cultural Property Advisory Committee and determined that the 
emergency conditions which warranted imposition of the initial 
restrictions still exist and has decided to extend the import 
restrictions for another three years. (See 59 FR 30633, June 14, 1944.)
    Accordingly, Customs is amending Sec. 12.104g (19 CFR 12.104g) to 
reflect the extension of the import restriction.

Executive Order 12866 and Regulatory Flexibility Act

    This amendment is not a ``significant regulatory action'' within 
the meaning of E.O. 12866. Because no notice of proposed rulemaking is 
required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) do not apply.

Inapplicability of Notice and Delayed Effective Date

    Because this amendment reflects the extension of emergency import 
restrictions on cultural property which is currently subject to pillage 
and looting, pursuant to section 553(b)(B) of the Administrative 
Procedure Act, no notice of proposed rulemaking or public procedure is 
necessary. For the same reason, a delayed effective date is both 
impracticable and contrary to the public interest.

Drafting Information

    The principal author of this amendment was Peter T. Lynch, 
Regulations Branch, Office of Regulations and Rulings, U.S. Customs 
Service. However, personnel from other offices participated in its 
development.

List of Subjects in 19 CFR Part 12

    Customs duties and inspections, Imports, Cultural property.

Amendment to the Regulations

    Accordingly, Part 12 of the Customs Regulations (19 CFR part 12) is 
amended as set forth below:

Part 12--Special Classes of Merchandise

    1. The general and specific authority citation for Part 12 
continues to read as follows:

    Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General note 17, 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
    Sections 12.104--12.104i also issued under 19 U.S.C. 2612.
* * * * *
    2. Section 12.104g is amended by adding ``extended by 94-54'' 
immediately after the entry ``90-37'' in the column headed ``T.D. No.'' 
adjacent to the entry for Peru.
Michael H. Lane,
Acting Commissioner of Customs.
    Approved: June 15, 1994.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 94-15528 Filed 6-24-94; 8:45 am]
BILLING CODE 4820-02-P