[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Rules and Regulations]
[Pages 2838-2844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-848]



U.S. Customs and Border Protection


19 CFR Part 12

[CBP Dec. 09-03]
RIN 1505-AC08

Import Restrictions Imposed on Certain Archaeological Material 
from China

AGENCIES: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.


SUMMARY: This final rule amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect the imposition of import restrictions on 
certain archaeological material from the People's Republic of China 
(China). These restrictions are being imposed pursuant to an agreement 
between the United States and China that has been entered into under 
the authority of the Convention on Cultural Property Implementation Act 
in accordance with the United Nations Educational, Scientific and 
Cultural Organization (UNESCO) Convention on the Means of Prohibiting 
and Preventing the Illicit Import, Export and Transfer of Ownership of 
Cultural Property. The final rule amends CBP regulations by adding 
China to the list of countries for

[[Page 2839]]

which a bilateral agreement has been entered into for imposing cultural 
property import restrictions. The final rule also contains the 
designated list that describes the types of archaeological articles to 
which the restrictions apply.

DATES: Effective Date: January 16, 2009.

FOR FURTHER INFORMATION CONTACT: For legal aspects, George Frederick 
McCray, Esq., Chief, Intellectual Property Rights and Restricted 
Merchandise Branch, Regulations and Rulings, Office of International 
Trade, (202) 325-0082. For operational aspects, Michael Craig, Chief, 
Interagency Requirements Branch, Trade Policy and Programs, Office of 
International Trade, (202) 863-6558.



    The value of cultural property, whether archaeological or 
ethnological in nature, is immeasurable. Such items often constitute 
the very essence of a society and convey important information 
concerning a people's origin, history, and traditional setting. The 
importance and popularity of such items regrettably makes them targets 
of theft, encourages clandestine looting of archaeological sites, and 
results in their illegal export and import.
    The United States shares in the international concern for the need 
to protect endangered cultural property. The appearance in the United 
States of stolen or illegally exported artifacts from other countries 
where there has been pillage has, on occasion, strained our foreign and 
cultural relations. This situation, combined with the concerns of 
museum, archaeological, and scholarly communities, was recognized by 
the President and Congress. It became apparent that it was in the 
national interest for the United States to join with other countries to 
control illegal trafficking of such articles in international commerce.
    The United States joined international efforts and actively 
participated in deliberations resulting in the 1970 United Nations 
Educational, Scientific and Cultural Organization (UNESCO) Convention 
on the Means of Prohibiting and Preventing the Illicit Import, Export 
and Transfer of Ownership of Cultural Property (823 U.N.T.S. 231 
(1972)). U.S. acceptance of the 1970 UNESCO Convention was codified 
into U.S. law as the ``Convention on Cultural Property Implementation 
Act'' (Pub. L. 97-446, 19 U.S.C. 2601 et seq. ) (the Act). This was 
done to promote U.S. leadership in achieving greater international 
cooperation towards preserving cultural treasures that are of 
importance to the nations from where they originate and contribute to 
greater international understanding of our common heritage.
    Since the Act entered into force, import restrictions have been 
imposed on the archaeological and ethnological materials of a number of 
signatory nations. These restrictions have been imposed as a result of 
requests for protection received from those nations. More information 
on import restrictions can be found on the International Cultural 
Property Protection Web site (http://culturalheritage.state.gov).
    This document announces that import restrictions are now being 
imposed on certain archaeological materials from China (for a 
definition of China, please see http://www.state.gov/s/inr/rls/4250.htm).


    Under 19 U.S.C. 2602(a)(1), the United States must make certain 
determinations before entering into an agreement to impose import 
restrictions under 19 U.S.C. 2602(a)(2). On May 13, 2008, the Assistant 
Secretary for Educational and Cultural Affairs, Department of State, 
made the determinations required under the statute with respect to 
certain archaeological materials originating in China that are 
described in the designated list set forth below in this document. 
These determinations include the following: (1) That the cultural 
patrimony of China is in jeopardy from the pillage of irreplaceable 
archaeological materials representing China's cultural heritage from 
the Paleolithic Period (c. 75,000 B.C.) through the end of the Tang 
Period (A.D. 907) and irreplaceable monumental sculpture and wall art 
at least 250 years old (19 U.S.C. 2602(a)(1)(A)); (2) that the Chinese 
government has taken measures consistent with the Convention to protect 
its cultural patrimony (19 U.S.C. 2602(a)(1)(B)); (3) that import 
restrictions imposed by the United States would be of substantial 
benefit in deterring a serious situation of pillage and remedies less 
drastic are not available (19 U.S.C. 2602(a)(1)(C)); and (4) that the 
application of import restrictions as set forth in this final rule is 
consistent with the general interests of the international community in 
the interchange of cultural property among nations for scientific, 
cultural, and educational purposes (19 U.S.C. 2602(a)(1)(D)). The 
Assistant Secretary also found that the materials described in the 
determinations meet the statutory definition of ``archaeological 
material of the state party'' (19 U.S.C. 2601(2)).

The Agreement

    On January 14, 2009, the United States and China entered into a 
bilateral agreement pursuant to the provisions of 19 U.S.C. 2602(a)(2). 
The agreement enables the promulgation of import restrictions on 
certain archaeological materials representing China's cultural heritage 
from the Paleolithic Period through the end of the Tang Period (A.D. 
907) and monumental sculpture and wall art at least 250 years old. For 
the purposes of the agreement, the restricted Paleolithic objects date 
from approximately c. 75,000 B.C. A list of the categories of 
archaeological materials subject to the import restrictions is set 
forth later in this document.

Restrictions and Amendment to the Regulations

    In accordance with the Agreement, importation of materials 
designated below are subject to the restrictions of 19 U.S.C. 2606 and 
Sec.  12.104g(a) of the Customs and Border Protection (CBP) Regulations 
(19 CFR 12.104g(a)) and will be restricted from entry into the United 
States unless the conditions set forth in 19 U.S.C. 2606 and Sec.  
12.104c of the regulations (19 CFR 12.104c) are met. CBP is amending 
Sec.  12.104g(a) of the CBP Regulations (19 CFR 12.104g(a)) to indicate 
that these import restrictions have been imposed.

Material Encompassed in Import Restrictions

    The bilateral agreement between the United States and China 
includes, but is not limited to, the categories of objects described in 
the designated list set forth below. These categories of objects are 
subject to the import restrictions set forth above, in accordance with 
the above explained applicable law and the regulation amended in this 
document (19 CFR 12.104(g)(a)).

Designated List of Archaeological Material of China

Simplified Chronology

Paleolithic period (c. 75,000-10,000 BC).
Neolithic period (c. 10,000-2000 BC).
Erlitou and other Early Bronze Age cultures (c. 2000-1600 BC).
Shang Dynasty and other Bronze Age Cultures (c. 1600-1100 BC).
Zhou Dynasty (c. 1100-256 BC).
Qin Dynasty (221-206 BC).
Han Dynasty (206 BC-AD 220).
Three Kingdoms (AD 220-280).
Jin Dynasty (AD 265-420).
Southern and Northern Dynasties (AD 420-589).
Sui Dynasty (AD 581-618).

[[Page 2840]]

Tang Dynasty (AD 618-907).

I. Ceramic

    The ceramic tradition in China extends back to at least the 6th 
millennium B.C. and encompasses a tremendous variety of shapes, pastes, 
and decorations. Chinese ceramics include earthenwares, stonewares and 
porcelains, and these may be unglazed, glazed, underglazed, painted, 
carved, impressed with designs, decorated with applied designs or a 
combination of all of these. Only the most distinctive are listed here. 
Vessels are the most numerous and varied types of ceramics. Ceramic 
sculptures include human, animal, mythic subjects, and models of scenes 
of daily life. Architectural elements include decorated bricks, baked 
clay tiles with different glaze colors, and acroteria (ridge pole 
A. Vessels
    1. Neolithic Period.
    Archaeological work over the past thirty years has identified 
numerous cultures of the Neolithic period from every part of China, all 
producing distinctive ceramics. Early Neolithic cultures (c. 7500-5000 
BC) include such cultures as Pengtoushan (northern Hunan Province), 
Peiligang (Henan Province), Cishan (Hebei Province), Houli (Shandong 
Province), Xinglongwa (eastern Inner Mongolia and Liaoning Province), 
Dadiwan and Laoguantai (Gansu and Shaanxi Province), Xinle (Liaodong 
peninsula, Liaoning Province), among others. Examples of Middle 
Neolithic cultures (c. 5000-3000 BC) include Yangshao (Shaanxi, Shanxi, 
and Henan Provinces), Daxi (eastern Sichuan and western Hubei 
Provinces), Hemudu (lower Yangzi River valley, Zhejiang Province), 
Majiabang (Lake Tai/Taihu area to Hangzhou Bay, Zhejiang and southern 
Jiangsu Provinces), Hongshan (eastern Inner Mongolia, Liaoning, and 
northern Hebei Provinces), Dawenkou (Shandong Province), among others. 
Later Neolithic cultures (c. 3500-2000 BC) include Liangzhu (lower 
Yangzi River Valley), Longshan (Shandong and Henan Provinces), Taosi 
(southern Shanxi Province), Qujialing (middle Yangzi River valley in 
Hubei and Hunan Provinces), Baodun (Chengdu Plain, Sichuan Province), 
Shijiahe (western Hubei Province), and Shixia (Guangdong Province), 
among many others.
    Neolithic vessels are sometimes inscribed with pictographs. When 
present, they are often single incised marks on vessels of the 
Neolithic period, and multiple incised marks (sometimes around the rim) 
on late Neolithic vessels.
    a. Yangshao: The ``classic'' form of Neolithic culture, c. 5000-
3000 BC in Shanxi, Shaanxi, Gansu, Henan, and adjacent areas. Hand-
made, red paste painted with black, sometimes white motifs, that are 
abstract and depict plants, animals, and humans. Forms include bulbous 
jars with lug handles, usually with a broad shoulder and narrow tapered 
base, bowls, open mouth vases, and flasks (usually undecorated) with 
two lug handles and a pointed base.
    b. Shandong Longshan: Vessels are wheel-made, black, very thin-
walled, and highly polished, sometimes with open cut-out decoration. 
Forms include tall stemmed cups (dou), tripods (li and ding), 
cauldrons, flasks, and containers for water or other liquids.
    2. Erlitou, Shang, and Zhou Vessels.
    a. Vessels are mostly utilitarian gray paste cooking tripod basins, 
cooking and storage jars, wide mouth containers, pan circular dishes 
with flat base, and broad three legged version of pan. The latter also 
appear in fine gray and black pastes. The forms of these include the 
kettle with lid (he), tripod liquid heating vessel with pouring spout 
(jue), tripod cooking pot (ding), goblet or beaker (gu), tripod water 
heater without pouring spout (jia).
    b. Shang and Zhou: Vessels may be wheel-made or coiled. Vessels can 
be utilitarian gray paste cooking vessels, often cord-impressed, or 
more highly decorated types. Surfaces can be impressed and glazed 
yellow to brown to dark green. White porcelain-like vessels also occur. 
Forms include those of the Erlitou plus wide-mouth containers and 
variously shaped jars and serving vessels.
    3. Qin through Southern and Northern Vessels.
    Most vessels are wheel-made. The main developments are in glazing. 
Earthenwares may have a lead-based shiny green glaze. Grey stonewares 
with an olive color are called Yue ware.
    4. Sui and Tang Vessels.

    Note: Most vessels are wheel-made.

    a. Sui: Pottery is plain or stamped.
    b. Tang: A three-color glazing technique is introduced for 
earthenwares (sancai). Green, yellow, brown, and sometimes blue glazes 
are used together on the same vessel. For stoneware, the olive glaze 
remains typical.
B. Sculpture
    1. Neolithic: Occasional small figurines of animals or humans. From 
the Hongshan culture come human figures, some of which appear pregnant, 
and human faces ranging from small to life size, as well as life-size 
and larger fragments of human body parts (ears, belly, hands, and 
    2. Shang through Eastern Zhou: Ceramic models and molds for use in 
the piece-mold bronze casting process. Examples include frontal animal 
mask (taotie), birds, dragons, spirals, and other decorative motifs.
    3. Eastern Zhou, Qin and Han: Figures are life-size or smaller. 
They are hand- and mold-made, and may be unpainted, painted, or glazed. 
Figures commonly represent warriors on foot or horseback, servants, 
acrobats, and others. Very large numbers date to the Han Dynasty. In 
some cases, the ceramic male and female figurines are anatomically 
accurate, nude, and lack arms (in these cases, the figures were 
originally clad in clothes and had wooden arms that have not been 
preserved). Other ceramic objects, originally combined to make scenes, 
take many forms including buildings, courtyards, ships, wells, and pig 
    4. Tang: Figures depicting Chinese people, foreigners, and animals 
may be glazed or unglazed with added paint. Approximately 15 cm to 150 
cm high.
C. Architectural Decoration and Molds
    1. Han: Bricks having a molded surface with geometric or figural 
design. These depict scenes of daily life, mythic and historical 
stories, gods, or demons.
    2. Three Kingdoms through Tang: Bricks may be stamped or painted 
with the same kinds of scenes as in the Han Dynasty.
    3. Han through Tang: Roof tiles may have a corded design. Eaves 
tiles with antefixes have Chinese characters or geometric designs. 
Glazed acroteria (ridge pole decorations) in owl tail shape.

II. Stone

A. Jade
    Ancient Chinese jade is, for the most part, the mineral nephrite. 
It should be noted, however, that many varieties of hard stone are 
sometimes called ``jade'' (yu) in Chinese. True nephrite jade can range 
in color from white to black, and from the familiar shades of green to 
almost any other color. Jade has been valued in China since the 
Neolithic period. Types commonly encountered include ornaments, 
amulets, jewelry, weapons, insignia, and vessels.
    1. Ornaments and jewelry.
    a. Neolithic (Hongshan): Types are mostly hair cylinders or pendant 
ornamental animal forms such as turtles, fish-hawks, cicadas, and

[[Page 2841]]

dragons. One common variety is the so-called ``pig-dragon'' (zhulong), 
a circular ring form with a head having wrinkled snout (the ``pig'') 
and long dragon-like body.
    b. Neolithic (Liangzhu): Types include awl-shaped pendants, three-
prong attachments, openwork crown-shapes, beads, birds, fishes, frogs.
    c. Neolithic (Shandong Longshan) and Erlitou: Ornaments for body 
and clothing such as stick pins and beads.
    d. Shang and Zhou: Earrings, necklaces, pectorals, hair stickpins, 
ornaments, sometimes in the shape of small animals, dragons, or other 
forms; belt buckles, and garment hooks. During the Zhou Dynasty, there 
appear elaborate pectorals made of jade links, and jade inlay on 
    e. Qin, Han and Three Kingdoms: Pectoral ornaments and small-scale 
pendants continue to be produced. Types include pectoral slit earrings, 
large disks (bi), openwork disks (bi), openwork plaques showing a 
mythic bird (feng), and various types of rings. Entire burial suits of 
jade occur during the Han Dynasty. More frequently occurring are Han 
Dynasty belthooks, decorated with dragons, and garment hooks.
    2. Weapons, Tools, and Insignia.
    a. Neolithic (Liangzhu): Types include weapons such as broad-bladed 
axes (yue), long rectangular or trapezoidal blades (zhang), often with 
holes along the back (non-sharpened) edge for hafting; tools such as 
hoe, adze, knife blades.
    b. Neolithic (Shandong Longshan) and Erlitou: Broad axe (yue) and 
halberd or ``dagger axe'' (ge).
    c. Shang and Zhou: Broad axes (yue) and halberd (ge) may be 
attached to turquoise inlaid bronze shafts.
    d. Neolithic (Liangzhu) to Zhou: Tool types include hoe, adze, 
knife blades.
    e. Neolithic (Shandong Longshan) to Zhou: Insignia blades based on 
tool shapes such as long hoe, flat adze, and knife.
    3. Ceremonial paraphernalia.
    Neolithic--Han: Types include flat circular disks (bi) with a cut-
out central hole and prismatic cylindrical tubes (cong), usually square 
on the outside with a circular hole through its length, often with 
surface carving that segments the outer surface into three or more 
registers. The cong tubes are often decorated with a motif on each 
corner of each register showing abstract pairs of eyes, animal and/or 
human faces. Cong tubes, while most closely linked with the Liangzhu 
culture, were widely distributed among the many late Neolithic cultures 
of China.
    4. Vessels.
    a. Shang through Han: Types include eared cups and other tableware.
    b. Qin through Tang: Tableware forms such as cups, saucers, bowls, 
vases, and inkstones.
    5. Other.
    Chimes from all eras may be rectangular or disk-shaped.
B. Amber
    Amber is used for small ornaments from the Neolithic through Tang 
C. Other Stone
    1. Tools and Weapons.
    a. Paleolithic and later eras: Chipped lithics from the Paleolithic 
and later eras including axes, blades, scrapers, arrowheads, and cores.
    b. Neolithic and later eras: Ground stone including hoes, sickles, 
spades, axes, adzes, pestles, and grinders.
    c. Erlitou through Zhou: As with jade, weapon types include blades, 
broad axes (yue), and halberds (ge).
    2. Sculpture.
    Stone becomes a medium for large-scale images in the Qin and Han. 
It is put to many uses in tombs. It also plays a major role in 
representing personages associated with Buddhism, Daoism, and 
    a. Sculpture in the round.

    Note: This section includes monumental sculpture at least 250 
years old.

    i. Shang: Sculpture includes humans, often kneeling with hands on 
knees, sometimes with highly decorated incised robes, owls, buffalo, 
and other animals. The Jinsha site near Chengdu, Sichuan, dating to the 
late Shang Dynasty, has yielded numerous examples of stone figurines in 
a kneeling position, with carefully depicted hair parted in the center, 
and with hands bound behind their back.
    ii. Han to Qing: The sculpture for tombs includes human figures 
such as warriors, court attendants, and foreigners. Animals include 
horse, tiger, pig, bull, sheep, elephant, and fish, among many others.
    iii. The sculpture associated with Buddhism is usually made of 
limestone, sandstone, schist and white marble. These be covered with 
clay, plaster, and then painted. Figures commonly represented are the 
Buddha and disciples in different poses and garments.
    iv. The sculpture associated with Daoism is usually sandstone and 
limestone which may be covered and painted. Figures commonly 
represented are Laozi or a Daoist priest.
    v. The sculpture associated with Confucianism represents Confucius 
and his disciples.
    b. Relief Sculpture.
    i. Han: Relief sculpture is used for all elements of tombs 
including sarcophagi, tomb walls, and monumental towers. Images include 
hunting, banqueting, historical events, processions, scenes of daily 
life, fantastic creatures, and animals.
    ii. Tang: Tomb imagery now includes landscapes framed by vegetal 
    c. Art of cave or grotto temples.
    Han--Qing: Note that this section includes monumental sculpture at 
least 250 years old. These temples, mostly Buddhist, combine relief 
sculpture, sculpture in the round, and sometimes mural painting. The 
sculptures in the round may be stone or composites of stone, wood, and 
clay and are painted with bright colors.
    d. Stelae.
    Han--Qing: Note that this section includes monumental sculpture at 
least 250 years old. Tall stone slabs set vertically, usually on a 
tortoise-shaped base and with a crown in the form of intertwining 
dragons. Stelae range in size from around 0.60m to 3m. Some include 
relief sculpture consisting of Buddhist imagery and inscription, and 
others are secular memorials with long memorial inscription on front 
and back faces.
    3. Architectural Elements.
    a. Erlitou through Zhou: Marble or other stone is used as a support 
for wooden columns and other architectural or furniture fixtures.
    b. Qing: Note that this section includes monumental sculpture at 
least 250 years old. Sculpture is an integral part of Qing Dynasty 
architecture. Bridges, archways, columns, staircases and terraces 
throughout China are decorated with reliefs. Colored stones may be 
used, including small bright red, green, yellow and black ones. Statue 
bases are draped with imitations of embroidered cloths. Stone parapets 
are carved with small, elaborately adorned fabulous beasts.
    4. Musical Instruments.
    Neolithic through Han, and later: Chimestones, chipped and/or 
ground from limestone and other resonant rock. They may be highly 
polished, carved with images of animals or other motifs, and bear 
inscriptions in Chinese characters. They usually have a chipped or 
ground hole to facilitate suspension from a rack.

III. Metal

    The most important metal in traditional Chinese culture is bronze 
(an alloy of copper, tin and lead), and it is used most frequently to 
cast vessels, weapons, and other military hardware. Iron artifacts are 
not as common,

[[Page 2842]]

although iron was used beginning in the middle of the Zhou Dynasty to 
cast agricultural tool types, vessels, weapons and measuring utensils. 
As with ceramics, only the most distinctive are listed here.
A. Bronze
    1. Vessels.

    Note: Almost any bronze vessel may have an inscription in 
archaic Chinese characters.

    a. Erlitou: Types include variations on pots for cooking, serving 
and eating food including such vessels as the cooking pot (ding), 
liquid heating vessel with open spout (jue), or with tubular spout 
(he), and water heater without spout (jia).
    b. Shang: Bronze vessels and implements include variations on the 
ceramic posts used for cooking, serving, and eating including but not 
limited to the tripod or quadripod cooking pot (ding), water container 
(hu), and goblet (gu). Animal-shaped vessels include the owl, mythic 
bird, tiger, ram, buffalo, deer, and occasionally elephant and 
rhinoceros. Most types are decorated with symbolic images of a frontal 
animal mask (taotie) flanked by mythical birds and dragons, or with 
simpler images of dragons or birds, profile cicadas, and geometric 
motifs, including a background ``cloud and thunder'' pattern of fine 
squared spirals.
    c. Zhou: Types include those of previous eras. Sets begin to be 
made with individual vessels having similar designs. Late innovations 
are made to surface treatment: Relief decorations of intertwined 
dragons and feline appendages; inlay with precious stones and gems; 
inlay with other metals such as gold and silver; gilding; pictorial 
narratives featuring fighting, feasting and rituals; and various 
geometric designs.
    d. Qin and Han: All vessel types and styles popularized of the 
immediately preceding era continue.
    2. Sculpture.
    a. Shang and other Bronze Age Cultures through Zhou: Wide variety 
of cast human and animal sculptures. Particularly distinctive are the 
bronze sculptures from the Sanxingdui Culture in Sichuan which include 
life-sized human heads (often with fantastic features and sometimes 
overlaid with gold leaf) and standing or kneeling figurines ranging in 
size from 5cm to more than 2 meters; tree-shaped assemblages; birds, 
dragons, and other real and fantastic animals. Bronze sculpture from 
Chu and related cultures include supports for drums and bell sets 
(often in the shape of guardian figures, fantastic animals, or 
intertwined snakes).
    b. Qin and Han: Decorative bronze types include statues of horses, 
lamps in the shape of female servants, screen supports in the shape of 
winged immortals, incense burners in the shape of mountains, mirrors, 
and inlaid cosmetic boxes.
    c. Buddhist: In the Han there first appear small portable images of 
Sakyamuni Buddha. During the next historical eras, such images 
proliferate and become more varied in terms of size and imagery. Most 
of these are free-standing, depicting such subjects as the historical 
Buddha Sakyamuni, Buddhas associated with paradises, Buddha's 
disciples, and scenes from the Lotus Sutra. Gilt bronzes are made from 
the Han to Tang.
    3. Coins.
    a. Zhou Media of Exchange and Tool-shaped Coins: Early media of 
exchange include bronze spades, bronze knives, and cowrie shells. 
During the 6th century BC, flat, simplified, and standardized cast 
bronze versions of spades appear and these constitute China's first 
coins. Other coin shapes appear in bronze including knives and cowrie 
shells. These early coins may bear inscriptions.
    b. Later, tool-shaped coins began to be replaced by disc-shaped 
ones which are also cast in bronze and marked with inscriptions. These 
coins have a central round or square hole.
    c. Qin: In the reign of Qin Shi Huangdi (221-210 BC) the square-
holed round coins become the norm. The new Qin coin is inscribed simply 
with its weight, expressed in two Chinese characters ban liang. These 
are written in small seal script and are placed symmetrically to the 
right and left of the central hole.
    d. Han through Sui: Inscriptions become longer, and may indicate 
that inscribed object is a coin, its value in relation to other coins, 
or its size. Later, the period of issue, name of the mint, and numerals 
representing dates may also appear on obverse or reverse. A new script, 
clerical (lishu), comes into use in the Jin.
    e. Tang: The clerical script becomes the norm until 959, when coins 
with regular script (kaishu) also begin to be issued.
    4. Musical Instruments.
    a. Shang: Instruments include individual clapper-less bells (nao), 
singly and in sets. Barrel drums lay horizontally, have a saddle on 
top, and rest on four legs.
    b. Zhou through Tang: Bells and bell sets continue to be important. 
The bells vary considerably in size in shape. Other instruments include 
mouth organs (hulu sheng), gongs, cymbals, and a variety of types of 
drums, including drums (chunyu) and large ``kettledrums'' from south 
and southwest China.
    5. Tools and Weapons.
    Tools and implements of all eras include needles, spoons, ladles, 
lifting poles, axes, and knives. Weapons and military gear include the 
broad axe, dagger axe, knives, spear points, arrowheads, helmets, 
chariot fittings, combination of spear and dagger (ji), cross-bow, and 
horse frontlets.
    6. Miscellaneous.
    Other bronze items include but are not limited to mirrors, 
furniture parts, and utensils such belt buckles, garment hooks, 
weights, measuring implements, incense burners, lamps, spirit trees, 
tallies, seals, rings, bells, and cosmetic containers.
B. Iron
    Iron is used for such utilitarian objects as axes, hammers, 
chisels, and spades. At the end of the Zhou, steel swords with multi-
faceted metal inlay are produced.
    1. Zhou through Han: Bimetallic weapons such as iron-bladed swords 
and knives with a bronze hilt.
    2. Three Kingdoms through Sui: Small scale Buddhist images are 
    3. Tang: Large scale castings include Buddhist statues, bells, 
lions, dragons, human figures, and pagodas.
C. Gold and Silver
    During the Shang and Zhou Dynasties, gold is used to produce 
jewelry and a limited number of vessel types, and as gilding, gold 
leaf, or inlay on bronze. Gold and silver become widely used in the Han 
Dynasty and remain so through the Tang Dynasty. Objects include vessels 
such as cups, ewers, jars, bowls; utensils such as lamps, containers, 
jewelry, liturgical wares, furniture parts; and Buddhist sculpture such 
as images of Buddha and reliquaries.

IV. Bone, Ivory, Horn, and Shell

    Neolithic through Tang: The most important uses of these materials 
is for vessels, seals, small-scale sculptures, and personal ornaments. 
In the Neolithic period, Erlitou culture, and Shang Dynasty bone 
(bovine scapula and tortoise plastrons, or lower shells) is used for 
divination: A carefully prepared bone or shell was thinned by drilling 
series of holes almost through the bone, to which heat was applied to 
make the bone crack. In some cases from the Late Shang Dynasty, the 
bones carry inscriptions revealing the date and

[[Page 2843]]

nature of the question asked and, occasionally, the outcome of the 
event. The cowrie shells used as money in the Shang Dynasty and later 
periods show signs of use. Worked shell imitations of cowries are also 
known. Ivory and horn are used to craft tableware utensils such as cups 
and containers as early as the Shang Dynasty; these are sometimes 
inlaid with turquoise or other stones.

V. Silks and Textiles

    Neolithic through Tang: Silk worms are domesticated in China as 
early as the Neolithic. Silk cloth is preserved as garments and parts 
thereof, as a covering for furniture, and as painted or embroidered 
banners. Techniques include flat weave, moir[eacute], damask, gauze, 
quilting, and embroidery.

VI. Lacquer and Wood

    Neolithic through Tang: Lacquer is a transparent sap collected from 
the lac tree. When dissolved, it may be repeatedly applied to a wood or 
fabric form. The resulting product is sturdy and light. Lacquer vessels 
first appear in the Neolithic period, and become highly sophisticated 
and numerous by the middle Zhou through Han Dynasties. In the Sui and 
Tang Dynasties the practice is invented of creating a hard, thick 
surface of lacquer with the application of many thin layers. The 
resulting object may be carved and or inlaid before it hardens 
completely. Common colors for lacquer are red and black. Object types 
include: Vessels such as bowls, dishes, and goblets; military gear such 
shields and armor; musical instruments such as zithers (qin) and drums, 
related supports for drums and for bell sets; and boxes and baskets 
with painted or carved lids.
    Wooden objects from this era are mainly preserved when painted with 
lacquer. These include architectural elements, utensils, coffins, 
musical instruments, and wood sculptures.

VII. Bamboo and Paper

    Zhou through Tang: Types include texts on bamboo and wooden slips, 
and on paper. The slips may be found singly, or in groups numbering 
into the thousands. Some Buddhist sutras were printed with movable 
wooden type.

VIII. Glass

    Zhou through Tang: Glass types include mostly tablewares, such as 
cups, plates, saucers.

IX. Painting and Calligraphy

A. Wall Painting
    Note that this section includes wall art at least 250 years old. 
The painted bricks of the Han through Tang tomb walls have already been 
mentioned. That tradition is partially concurrent with a fresco 
tradition that runs from the Han through Qing Dynasties. Temples 
including those in caves or grottos have wall paintings with Buddhist, 
Confucian, and Daoist themes.
B. Other Painting
    Han through Tang: Paintings, dating to as early as the Southern and 
Northern, are on such media as banners, hand-scrolls, and fans. 
Subjects are drawn from Buddhism, Confucianism, and Daoism. Other 
subjects include landscapes and hunting scenes.

Inapplicability of Notice and Delayed Effective Date

    This amendment involves a foreign affairs function of the United 
States and is, therefore, being made without notice or public procedure 
(5 U.S.C. 553(a)(1)). For the same reason, a delayed effective date is 
not required under 5 U.S.C. 553(d)(3).

Regulatory Flexibility Act

    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.

Executive Order 12866

    Because this rule involves a foreign affairs function of the United 
States, it is not subject to Executive Order 12866.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise, Reporting and recordkeeping requirements.

Amendment to CBP Regulations

For the reasons set forth above, part 12 of Title 19 of the Code of 
Federal Regulations (19 CFR part 12), is amended as set forth below:


1. The general authority citation for part 12 and the specific 
authority citation for Sec.  12.104g continue to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
    Sections 12.104 through 12.104i also issued under 19 U.S.C. 
* * * * *

2. In Sec.  12.104g, paragraph (a), the table is amended by adding the 
People's Republic of China to the list in appropriate alphabetical 
order as follows:

Sec.  12.104g  Specific items or categories designated by agreements or 
emergency actions.

    (a) * * *

               State party                             Cultural property                     Decision No.
                                                  * * * * * * *
People's Republic of China..............  Archaeological materials representing       CBP Dec. 09-03.
                                           China's cultural heritage from the
                                           Paleolithic Period (c. 75,000 B.C.)
                                           through the end of the Tang Period (A.D.
                                           907) and monumental sculpture and wall
                                           art at least 250 years old.
                                                  * * * * * * *

[[Page 2844]]

* * * * *

W. Ralph Basham,
Commissioner, U.S. Customs and Border Protection.
    Approved: January 12, 2009.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
 [FR Doc. E9-848 Filed 1-15-09; 8:45 am]