[Federal Register Volume 89, Number 8 (Thursday, January 11, 2024)]
[Rules and Regulations]
[Pages 1808-1810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00394]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 24-01]
RIN 1515-AE87


Extension of Import Restrictions Imposed on Certain 
Archaeological Material From China

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

ACTION: Final rule.

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SUMMARY: This document amends the U.S. Customs and Border Protection 
(CBP) regulations to extend import restrictions on certain 
archaeological material from China. The Assistant Secretary for 
Educational and Cultural Affairs, United States Department of State, 
has made the requisite determinations for extending the import 
restrictions, which were originally imposed by CBP Dec. 09-03 and last 
extended by CBP Dec. 19-02. Accordingly, these import restrictions will 
remain in effect for an additional five years, and the CBP regulations 
are being amended to reflect this further extension through January 14, 
2029.

DATES: Effective January 14, 2024.

FOR FURTHER INFORMATION CONTACT: For legal aspects, W. Richmond 
Beevers, Chief, Cargo Security, Carriers and Restricted Merchandise 
Branch, Regulations and Rulings, Office of Trade, (202) 325-0084, [email protected]. For operational aspects, Julie L. 
Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office of 
Trade, (202) 945-7064, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Convention on Cultural Property Implementation Act (Pub. L. 97-
446, 19 U.S.C. 2601 et seq.) (CPIA), which implements 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)) (the Convention), allows for the conclusion of an 
agreement between the United States and another party to the Convention 
to impose import restrictions on eligible archaeological and 
ethnological materials. Under the CPIA and the applicable U.S. Customs 
and Border Protection (CBP) regulations, found in Sec.  12.104 of title 
19 of the Code of Federal Regulations (19 CFR 12.104), the restrictions 
are effective for no more than five years beginning on the date on 
which an agreement enters into force with respect to the United States 
(19 U.S.C. 2602(b)). This period may be extended for additional 
periods, each extension not to exceed five years, if it is determined 
that the factors justifying the initial agreement still pertain and no 
cause for suspension of the agreement exists (19 U.S.C. 2602(e); 19 CFR 
12.104g(a)).
    On January 14, 2009, the United States entered into a bilateral 
agreement with the People's Republic of China (China) to impose import 
restrictions on

[[Page 1809]]

certain archaeological material 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 monumental sculpture and wall art at least 
250 years old. On January 16, 2009, CBP published a final rule (CBP 
Dec. 09-03) in the Federal Register (74 FR 2838), which amended 19 CFR 
12.104g(a) to reflect the imposition of these restrictions, including a 
list designating the types of archaeological materials covered by the 
restrictions.
    The import restrictions were subsequently extended two more times 
in accordance with 19 U.S.C. 2602(e) and 19 CFR 12.104g(a), and the 
designated list was amended once. On January 13, 2014, CBP published a 
final rule (CBP Dec. 14-02) in the Federal Register (79 FR 2088), which 
amended Sec.  12.104g(a) to reflect the extension of these import 
restrictions for an additional five years. By request of China, this 
document also amended the Designated List to clarify that the 
restrictions as to monumental sculpture and wall art at least 250 years 
old were to be calculated as of January 14, 2009, the date the 
agreement became effective.
    Subsequently, on January 10, 2019, the United States and China 
entered into a new memorandum of understanding (2019 MOU), that 
superseded and replaced the prior agreement, extending the import 
restrictions for an additional five years. The new MOU added a new 
subcategory of glass objects from the Zhou period through the Tang 
period and revised the Designated List of cultural property described 
in CBP Dec. 14-02. On January 14, 2019, CBP published a final rule (CBP 
Dec. 19-02) in the Federal Register (84 FR 107), which amended Sec.  
12.104g(a) to reflect the extension of these import restrictions for an 
additional five years and amended the Designated List to include the 
new subcategory of glass objects from the Zhou period through the Tang 
Period. These import restrictions are due to expire on January 14, 
2024.
    On May 19, 2023, the United States Department of State proposed in 
the Federal Register (88 FR 32264) to extend the 2019 MOU. On November 
14, 2023, after considering the views and recommendations of the 
Cultural Property Advisory Committee, the Acting Assistant Secretary 
for Educational and Cultural Affairs, United States Department of 
State, made the necessary determinations to extend the import 
restrictions for an additional five years. Following an exchange of 
diplomatic notes, the United States Department of State and the 
Government of the People's Republic of China have agreed to extend the 
restrictions for an additional five-year period, through January 14, 
2029.
    Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the 
extension of these import restrictions. The restrictions on the 
importation of archaeological material from China will continue in 
effect through January 14, 2029. Importation of such material from 
China continues to be restricted through that date unless the 
conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met.
    The Designated List and additional information may also be found at 
the following website address: https://eca.state.gov/cultural-heritage-center/cultural-property-advisory-committee/current-import-restrictions 
by selecting the material for ``China.''

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 
under 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).

Executive Orders 12866 and 13563

    Executive Orders 12866 (as amended by Executive Order 14994) and 
13563 direct agencies to assess the costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health and safety effects, distributive 
impacts, and equity). Executive Order 13563 emphasizes the importance 
of quantifying both costs and benefits, of reducing costs, of 
harmonizing rules, and of promoting flexibility. CBP has determined 
that this document is not a regulation or rule subject to the 
provisions of Executive Orders 12866 and 13563 because it pertains to a 
foreign affairs function of the United States, as described above, and 
therefore is specifically exempted by section 3(d)(2) of Executive 
Order 12866 and, by extension, Executive Order 13563.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
requires an agency to prepare and make available to the public a 
regulatory flexibility analysis that describes the effect of a proposed 
rule on small entities (i.e., small businesses, small organizations, 
and small governmental jurisdictions) when the agency is required to 
publish a general notice of proposed rulemaking for a rule. Since a 
general notice of proposed rulemaking is not necessary for this rule, 
CBP is not required to prepare a regulatory flexibility analysis for 
this rule.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 0.1(a)(1) 
pertaining to the Secretary of the Treasury's authority (or that of the 
Secretary's delegate) to approve regulations related to customs revenue 
functions.
    Troy A. Miller, the Senior Official Performing the Duties of the 
Commissioner, having reviewed and approved this document, has delegated 
the authority to electronically sign this document to the Director (or 
Acting Director, if applicable) of the Regulations and Disclosure Law 
Division for CBP, for purposes of publication in the Federal Register.

List of Subjects in 19 CFR Part 12

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

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

0
2. In Sec.  12.104g, amend the table in paragraph (a) by revising the 
entry for the People's Republic of China to read as follows:


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

    (a) * * *

[[Page 1810]]



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          State party              Cultural property      Decision No.
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                              * * * * * * *
People's Republic of China....  Archaeological          CBP Dec. 19-02,
                                 materials               extended by CBP
                                 representing China's    Dec. 24-01.
                                 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 as of
                                 January 14, 2009.
 
                              * * * * * * *
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* * * * *

Robert F. Altneu,
Director, Regulations and Disclosure Law Division, Regulations and 
Rulings, Office of Trade, U.S. Customs and Border Protection.

Approved:

Thomas C. West, Jr.,
Deputy Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2024-00394 Filed 1-10-24; 8:45 am]
BILLING CODE 9111-14-P