[Federal Register Volume 81, Number 10 (Friday, January 15, 2016)]
[Rules and Regulations]
[Pages 2086-2088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00735]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 16-02]
RIN 1515-AE07


Extension of Import Restrictions Imposed on Archaeological 
Material Originating in Italy and Representing the Pre-Classical, 
Classical, and Imperial Roman Periods

AGENCY: Customs and Border Protection, Department of Homeland Security; 
Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends Customs and Border Protection (CBP)

[[Page 2087]]

regulations to reflect the extension of import restrictions on certain 
categories of archaeological material originating in Italy and 
representing the pre-Classical, Classical, and Imperial Roman periods 
of its cultural heritage, ranging in date from approximately the 9th 
century B.C. through approximately the 4th century A.D. The 
restrictions, which were originally imposed by Treasury Decision (T.D.) 
01-06 and extended by CBP Decision (CBP Dec.) 06-01 and CBP Dec. 11-03 
are due to expire on January 19, 2016. The Assistant Secretary for 
Educational and Cultural Affairs, United States Department of State, 
has determined that factors continue to warrant the imposition of 
import restrictions and no cause for suspension exists. Accordingly, 
these import restrictions will remain in effect for an additional five 
years, and the CBP regulations are being amended to reflect this 
extension until January 19, 2021. These restrictions are being extended 
pursuant to determinations of the United States Department of State 
made under the terms of the Convention on Cultural Property 
Implementation Act that implemented 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. CBP Dec. 11-03 contains the 
Designated List of archaeological material originating in Italy and 
representing the pre-Classical, Classical, and Imperial Roman periods 
to which the restrictions apply.

DATES: Effective Date: January 19, 2016.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa L. Burley, 
Chief, Cargo Security, Carriers and Restricted Merchandise Branch, 
Regulations and Rulings, Office of International Trade, (202) 325-0215. 
For operational aspects, William R. Scopa, Branch Chief, Partner 
Government Agency Branch, Trade Policy and Programs, Office of 
International Trade, (202) 863-6554, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Pursuant to the provisions of the 1970 United Nations Educational, 
Scientific and Cultural Organization (UNESCO) Convention, implemented 
by the Convention on Cultural Property Implementation Act (Pub. L. 97-
446, 19 U.S.C. 2601 et seq.), the United States entered into a 
bilateral agreement with Italy on January 19, 2001, concerning the 
imposition of import restrictions on archeological material originating 
in Italy and representing the pre-Classical, Classical, and Imperial 
Roman periods. On January 23, 2001, the former U.S. Customs Service 
(now U.S. Customs and Border Protection (CBP)) published T.D. 01-06 in 
the Federal Register (66 FR 7399), which amended 19 CFR 12.104g(a) to 
indicate the imposition of these restrictions and included a list 
designating the types of archaeological material covered by the 
restrictions.
    Import restrictions listed in 19 CFR 12.104g(a) are ``effective for 
no more than five years beginning on the date on which the agreement 
enters into force with respect to the United States. This period can be 
extended for additional periods not to exceed five years if it is 
determined that the factors which justified the initial agreement still 
pertain and no cause for suspension of the agreement exists'' (19 CFR 
12.104g(a)).
    Since the initial notice was published on January 23, 2001, the 
import restrictions were extended twice. First, on January 19, 2006, 
CBP published CBP Dec. 06-01 in the Federal Register (71 FR 3000) which 
amended 19 CFR 12.104g(a) to reflect the extension for an additional 
period of five years. Subsequently, on January 19, 2011, CBP published 
CBP Dec. 11-03 in the Federal Register (76 FR 3012) to extend the 
import restriction for an additional five-year period to January 19, 
2016. CBP Dec. 11-03 also reflects an amendment to the Designated List 
to include the subcategory ``Coins of Italian Types'' as part of the 
category entitled ``Metal,'' pursuant to 19 U.S.C. 2604.
    On December 23, 2014, the Department of State received a request by 
the Government of the Republic of Italy to extend the Agreement. 
Subsequently, the Department of State proposed to extend the Agreement. 
After considering the views and recommendations of the Cultural 
Property Advisory Committee, the Assistant Secretary for Educational 
and Cultural Affairs, United States Department of State, determined 
that the cultural heritage of Italy continues to be in jeopardy from 
pillage of archaeological material representing the pre-Classical, 
Classical, and Imperial Roman periods and made the necessary 
determinations to extend the import restrictions for an additional five 
years. Diplomatic notes have been exchanged, reflecting the extension 
of those restrictions for an additional five-year period. Accordingly, 
CBP is amending 19 CFR 12.104g(a) to reflect this extension of the 
import restrictions.
    The Designated List of Pre-Classical, Classical and Imperial Roman 
Period Archaeological Material from Italy covered by these import 
restrictions is set forth in CBP Dec. 11-03. The Designated List and 
accompanying image database may also be found at the following Internet 
Web site address: http://eca.state.gov/cultural-heritage-center/cultural-property-protection/bilateral-agreements/italy.
    The restrictions on the importation of these archaeological 
materials from the Republic of Italy are to continue in effect for an 
additional five years. Importation of such material continues to be 
restricted unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 
12.104c are met.

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)). In addition, CBP has determined that such notice 
or public procedure would be impracticable and contrary to the public 
interest because the action being taken is essential to avoid 
interruption of the application of the existing import restrictions (5 
U.S.C. 553(b)(B)). For the same reasons, 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

    It has been determined that this rule is not a significant 
regulatory action under Executive Order 12866.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(1).

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise.

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:

PART 12--SPECIAL CLASSES OF MERCHANDISE

0
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;
* * * * *

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    Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612;
* * * * *


Sec.  12.104g  [Amended]

0
2. In Sec.  12.104g, paragraph (a), the table is amended in the entry 
for Italy by removing the reference to ``CBP Dec. 11-03'' and adding in 
its place ``CBP Dec. 16-02''.

R. Gil Kerlikowske,
Commissioner, U.S. Customs and Border Protection.
    Approved: January 12, 2016.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2016-00735 Filed 1-14-16; 8:45 am]
 BILLING CODE 9111-14-P