[Federal Register Volume 89, Number 140 (Monday, July 22, 2024)]
[Rules and Regulations]
[Pages 58978-58983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16037]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 24-12]
RIN 1515-AE66


Imposition of Import Restrictions on Archaeological and 
Ethnological Material of Tunisia

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 reflect the imposition of import restrictions on 
certain archaeological and ethnological material from the Republic of 
Tunisia (Tunisia). These restrictions are imposed pursuant to an 
agreement between the United States and Tunisia, entered into under the 
authority of the Convention on Cultural Property Implementation Act. 
This document amends the CBP regulations by adding Tunisia to the list 
of countries which have bilateral agreements with the United States 
imposing cultural property import restrictions and contains the 
Designated List, describing the archaeological and ethnological 
materials to which the restrictions apply.

DATES: Effective on July 22, 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)) (Convention), allows for the conclusion of an 
agreement between the United States and another party to the Convention 
to impose import restrictions on certain archaeological and 
ethnological material. Pursuant to the CPIA, the United States entered 
into a bilateral agreement with the Republic of Tunisia (Tunisia) to 
impose import restrictions on certain archaeological and ethnological 
material of Tunisia. This rule announces that the United States is now 
imposing import restrictions on certain archaeological and ethnological 
material of Tunisia through February 6, 2029. 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); Sec.  12.104g(a) of title 19 of the Code of 
Federal Regulations (19 CFR 12.104g(a))).

Determinations

    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 September 23, 2020, the 
Assistant Secretary for Educational and Cultural Affairs, United States 
Department of State, after consultation with and recommendation by the 
Cultural Property Advisory Committee, made the determinations required 
under the statute with respect to certain archaeological and 
ethnological material originating in Tunisia that is described in the 
Designated List set forth below in this document.
    These determinations include the following: (1) that the cultural 
patrimony of Tunisia is in jeopardy from the pillage of archaeological 
material representing Tunisia's cultural heritage dating from 
approximately 200,000 B.C. to A.D. 1750, and ethnological material 
representing Tunisia's cultural heritage from the Ottoman and early 
Husseinite periods, ranging in date from approximately A.D. 1574 to 
1881 (19 U.S.C. 2602(a)(1)(A)); (2) that the Tunisian 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 material described in the 
determinations meets the statutory definition of ``archaeological or 
ethnological material of the State Party'' (19 U.S.C. 2601(2)).

The Agreement

    On March 16, 2023, the Governments of the United States and Tunisia 
signed a bilateral agreement, ``Memorandum of Understanding between the 
Government of the United States of America and the Government of the 
Republic of Tunisia Concerning the Imposition of Import Restrictions on 
Archaeological and Ethnological Material of Tunisia'' (the

[[Page 58979]]

Agreement), pursuant to the provisions of 19 U.S.C. 2602(a)(2). The 
Agreement entered into force on February 6, 2024, following the 
exchange of diplomatic notes, and enables the promulgation of import 
restrictions on certain categories of archaeological material ranging 
in date from approximately 200,000 B.C. to A.D. 1750, as well as 
certain categories of ethnological material from the Ottoman and early 
Husseinite periods, ranging in date from approximately A.D. 1574 to 
1881. A list of the categories of archaeological and ethnological 
material 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 material 
designated below is subject to the restrictions of 19 U.S.C. 2606 and 
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 19 CFR 
12.104c are met. CBP is amending 19 CFR 12.104g(a) to indicate that 
these import restrictions have been imposed.
    Import restrictions listed at 19 CFR 12.104g(a) 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. This period may be 
extended for additional periods of not more than five years if it is 
determined that the factors which justified the agreement still pertain 
and no cause for suspension of the agreement exists. Therefore, the 
import restrictions will expire on February 6, 2029, unless extended.

Designated List of Archaeological and Ethnological Material of Tunisia

    The Agreement between the United States and Tunisia includes, but 
is not limited to, the categories of objects described in the 
Designated List set forth below. Importation of material on this list 
is restricted unless the material is accompanied by documentation 
certifying that the material left Tunisia legally and not in violation 
of the export laws of Tunisia.
    The Designated List includes archaeological and ethnological 
material from Tunisia. The archaeological material in the Designated 
List includes, but is not limited to, objects made of stone, ceramic, 
metal, bone, ivory, shell and other organic materials, glass, faience, 
semi-precious stone, painting, plaster, wood, and textiles ranging in 
date from approximately 200,000 B.C. to A.D. 1750. The ethnological 
material in the Designated List includes, but is not limited to, 
architectural elements, manuscripts, and ceremonial, ritual, and 
funerary objects of the Islamic culture from the Ottoman and early 
Husseinite periods, ranging in date from approximately A.D. 1574 to 
1881. This would exclude Jewish ceremonial or ritual objects. The 
Designated List is representative only. Any dates and dimensions are 
approximate.

Categories of Archaeological and Ethnological Material

I. Archaeological Material
    A. Stone
    B. Ceramic
    C. Metal
    D. Bone, Ivory, Shell, and Other Organic Materials
    E. Glass, Faience, and Semi-Precious Stone
    F. Painting and Plaster
    G. Textiles, Basketry, and Rope
    H. Wood
II. Ethnological Material
    A. Stone
    B. Metal
    C. Ceramic and Clay
    D. Wood
    E. Bone, Ivory, and Shell
    F. Glass and Semi-Precious Stone
    G. Leather, Parchment, and Paper
    H. Textiles
    Approximate chronology of well-known periods and sites:

Paleolithic period (c. 200,000-6000 B.C.): Bir Oum Ali, Chotts, El 
Akarit, El Mekta, Gafsa, Khanguet el Mouhaad, Redayef, Sidi Zin
Neolithic period (c. 6000-1100 B.C.): Ain Khanfous, Dhraa Lassoued, 
Dougga, Djebibina, Ghomrassen, Jebel Ousselat
Phoenician/Punic period (c. 1100-300 B.C.): Arg el Ghazouani, Carthage, 
Hadrumetum, Kerkouane, Utica
Numidian period (c. 300-29 B.C.): Dougga, Chemtou (Simittus), 
Ell[egrave]s (Ulules), Hammam Zouakra (Thigibba), Henchir Bourgou, 
Makthar (Mactaris)
Roman period (c. 29 B.C.-A.D. 500): Bulla Regia, Carthage, Chemtou, 
Dougga, El Jem, Kerkouane, Ksar Ghilane (Tisavar), Makthar, Neapolis, 
Sufetula, Uthina, Utica
Vandal period (c. A.D. 439-533): Carthage
Byzantine period (c. A.D. 500-647): Bulla Regia, Chemtou (Simittus), 
K[eacute]libia
Islamic period (A.D. 647-1574): Djerba, Gab[eacute]s, Hammamet, 
Kairouan, Gab[eacute]s, Mahdia, Monastir, Raqqada, Sabra al-Mansuriya, 
Sfax, Sousse, Tozeur, Tunis
Ottoman/Husseinite period (A.D. 1574-1881): al-Kef, Bizerte, Ghar al-
Melh, J[eacute]deida, Kairouan, Medjez al-Bab, Qal`at al-Andalus, 
Soliman, Testour, T[eacute]bourba, Tunis (noting that import 
restrictions for this period apply to categories of archaeological 
material dating up to the middle of the Ottoman/Husseinite period in 
Tunisia, A.D. 1750).

I. Archaeological Material

    Archaeological material includes categories of objects from the 
Stone Age (Paleolithic and Neolithic), Lybic, Phoenician, Punic, Roman, 
Vandal, Byzantine, Islamic, Ottoman, and early Husseinite periods and 
cultures, ranging in date from approximately 200,000 B.C. to A.D. 1750.

A. Stone

    1. Architectural Elements--This category includes doors, door 
frames, window fittings, columns, capitals, bases, lintels, jambs, 
roofs, archways, friezes, pilasters, engaged columns, altars, prayer 
niches (mihrabs), screens, fountains, inlays, and blocks from walls, 
floors, and ceilings of buildings. Architectural elements may be plain, 
molded, or carved and are often decorated with motifs and inscriptions. 
Marble, limestone, sandstone, and gypsum are most commonly used, in 
addition to porphyry and granite.
    2. Mosaics--Floor mosaics are made from stone cut into small bits 
(tesserae) or glass and laid into a plaster matrix. Wall and ceiling 
mosaics are made with a similar technique but may include tesserae of 
both stone and glass. Subjects can include landscapes; scenes of 
deities, humans, or animals; religious imagery; and activities, such as 
hunting or fishing. There may also be vegetative, floral, or geometric 
motifs and imitations of stone.
    3. Architectural and Non-Architectural Relief Sculptures--Types 
include carved slabs with figural, vegetative, floral, geometric, or 
other decorative motifs, carved relief vases, steles, palettes, and 
plaques. All types can sometimes be inscribed in various languages, 
plastered, or painted. Sculptures may be used for architectural 
decoration, including in religious, funerary (e.g., grave markers), 
votive, or commemorative monuments. Marble, limestone, and sandstone 
are most commonly used.
    4. Monuments--Types include votive statues, funerary or votive 
stelae, and bases and base revetments made of marble, limestone, and 
other kinds of stone. These may be painted, plastered, carved with 
relief sculpture, decorated with moldings, and/or carry dedicatory or 
funerary inscriptions in various languages.
    5. Statuary--Types include large-scale representations of deities, 
humans, animals, or hybrid figures made of

[[Page 58980]]

marble, limestone, or sandstone. The most common types of statuary are 
large-scale and free-standing statuary from approximately 1 m to 2.5 m 
(approximately 3 ft to 8 ft) in height and life-sized portrait busts 
(head and shoulders of an individual). Statuary figures may be painted.
    6. Figurines--Figurines are small-scale representations of deities, 
humans, or animals made of limestone, calcite, marble, or sandstone.
    7. Sepulchers--Types of burial containers include sarcophagi, 
caskets, reliquaries, and chest urns made of marble, limestone, or 
other kinds of stone. Sepulchers may be plain or have figural 
(including those typical of Punic/Phoenician deities such as Tanit and 
Astarte), geometric, or floral motifs painted on them. They may be 
carved in relief and/or have decorative moldings.
    8. Vessels and Containers--These include bowls, cups, jars, jugs, 
lamps, flasks, and smaller funerary urns. Funerary urns can be egg-
shaped vases with button-topped covers and may have sculpted portraits, 
painted geometric motifs, inscriptions, scroll-like handles, and/or be 
ribbed. Vessels and containers can be made of marble, limestone, 
calcite, or other stone.
    9. Furniture--Types include thrones, tables, and beds, from 
funerary or domestic contexts. Furniture may be made from marble or 
other stone.
    10. Tools and Weapons--Chipped stone types include blades, borers, 
scrapers, sickles, burins, notches, retouched flakes, cores, 
arrowheads, cleavers, knives, chisels, and microliths (small stone 
tools). Ground stone types include grinders (e.g., mortars, pestles, 
millstones, whetstones, querns), choppers, spherical-shaped hand axes, 
hammers, mace heads, and weights. The most commonly used stones are 
flint, chert, obsidian, and other hard stones.
    11. Jewelry--Types include seals, beads, finger rings, and other 
personal adornment made of marble, limestone, or various semi-precious 
stones, including rock crystal, amethyst, jasper, agate, steatite, and 
carnelian.
    12. Seals and Stamps--These are small devices with at least one 
side engraved (in intaglio and relief) with a design for stamping or 
sealing. Stamps and seals can be in the shape of squares, disks, cones, 
cylinders, or animals.
    13. Rock Art--Rock art can be painted and/or incised drawings on 
natural rock surfaces. Common motifs include humans, animals, 
geometric, and/or floral elements.

B. Ceramic

    1. Architectural Elements--These are baked clay (terracotta) 
elements used to decorate buildings. Examples include acroteria, 
antefixes, painted and relief plaques, revetments, carved and molded 
bricks, knobs, plain or glazed roof tiles, and glazed tile wall 
ornaments and panels.
    2. Figurines--These include clay (terracotta) statues and 
statuettes in the shape of deities, humans, and animals ranging in 
height from approximately 5 cm to 20 cm (2 in to 8 in). Ceramic 
figurines may be undecorated or decorated with paint, appliques, or 
inscribed lines.
    3. Vessels and Containers--Types, forms, and decoration vary among 
archaeological styles and over time. Shapes include jars, jugs, bowls, 
pitchers, plates, basins, cups, flasks, storage and shipping amphorae, 
cooking pots (such as Roman mortaria), and large water jugs (zirs). 
Specific Punic, Phoenician, and Roman types include hydriae, oinochoi, 
kylikes, albastra, aryballoi, pyxides, unguentaria, kantharoi, kylixes, 
askoi, and lekythoi. Roman terra sigillata and other red gloss wares 
are common. Examples may be painted or unpainted, handmade or wheel-
made, and may be decorated with burnishes, glazes, stamps, or carvings 
(such as incised sgraffitto). Ceramic vessels can depict imagery of 
humans, deities, animals, floral decorations, or inscriptions in 
multiple languages.
    4. Lamps--Lamps can be handmade or molded, glazed or unglazed, and 
appear in ``saucer,'' ``slipper,'' or other forms; they typically will 
have rounded bodies with a hole on the top and in the nozzle, handles 
or lugs, and may be decorated with motifs, such as beading, human 
faces, and rosettes or other floral elements. Inscriptions may also be 
found on the body. Later period examples such as glazed mosque lamps 
may have straight or round, bulbous bodies with a flared top and 
several branches.
    5. Objects of Daily Use--These include game pieces carved from 
ceramic sherds, loom weights, toys, guttus, incense burners, tobacco 
pipes, andirons, and ceramic sherds painted with text in Latin or 
Greek, called ostraka.

C. Metal

    1. Statuary--These are large- and small-scale, including deities, 
human, and animal figures in bronze, iron, silver, or gold. Common 
types are large-scale, free-standing statuary ranging in height from 
approximately 1 m to 2.5 m (approximately 3 ft to 8 ft) and life-size 
busts (head and shoulders of an individual).
    2. Reliefs--These include plaques, appliques, steles, and masks, 
often in bronze. Reliefs may include inscriptions in various languages.
    3. Inscribed or Decorated Sheet Metal--These are engraved 
inscriptions and thin metal sheets with engraved or impressed designs 
often used as attachments to furniture or figures. They are primarily 
made of copper alloy, bronze, or lead.
    4. Vessels and Containers--Forms include bowls, cups, plates, jars, 
jugs, strainers, cauldrons, and boxes, as well as vessels in the shape 
of an animal or part of an animal. This category also includes scroll 
and manuscript containers, reliquaries, and incense burners. These 
vessels and containers are made of bronze, silver, or gold, and may 
portray deities, humans, or animals, as well as floral motifs in 
relief. They may include an inscription.
    5. Jewelry--Jewelry includes necklaces, chokers, pectorals, finger 
rings, beads, pendants, bells, belts, buckles, earrings, diadems, 
straight pins and fibulae, bracelets, anklets, girdles, wreaths and 
crowns, cosmetic accessories and tools, metal strigils (scrapers), 
crosses, and lamp holders. Jewelry may be made of iron, bronze, silver, 
or gold. Metal can be inlaid with items, such as colored stones and 
glass.
    6. Seals and Sealings--Seals are small devices with at least one 
side engraved with a design for stamping or sealing. Types include 
finger rings, amulets, and seals with a shank. Seals can be made of 
lead, tin, copper, bronze, silver, and/or gold. Sealings are lead 
strips, stamped in Arabic, that are used for closing bags of coins.
    7. Tools--Types include hooks, weights, axes, scrapers, 
hammerheads, trowels, locks, keys, nails, hinges, tweezers, ingots, 
mirrors, thimbles, and fibulae (for pinning clothing); tools may be 
made of copper, bronze, or iron.
    8. Weapons and Armor--This includes body armor, such as helmets, 
cuirasses, bracers, shin guards, and shields, and horse armor, often 
decorated with elaborate designs that are engraved, embossed, or 
perforated. This also includes both launching weapons (e.g., spears, 
javelins, arrowheads) and hand-to-hand combat weapons (e.g., swords, 
daggers, etc.) in copper, bronze, and iron.
    9. Lamps--Lamps can be open saucer-type or closed, rounded bodies 
with a hole on the top and in the nozzle, handles, or lugs. They can 
include decorative designs, such as beading, human faces, animals or 
animal parts, and rosettes or other floral elements. This category 
includes handheld lamps, candelabras, braziers, sconces, chandeliers, 
and lamp stands.

[[Page 58981]]

    10. Coins--This category includes coins of Numidian, Carthaginian 
(sometimes called Punic), Roman provincial, Vandal, Byzantine, Islamic, 
Norman, and Ottoman types that circulated primarily in Tunisia, ranging 
in date from the fifth century B.C. to A.D. 1750. Numidian, Roman 
provincial, and Vandal coins were made primarily in bronze, though some 
Numidian and Vandal types occur also in silver. Carthaginian types 
occur in electrum, a natural pale yellow alloy of gold and silver. 
Local Byzantine and later coin types were made in copper, bronze, 
silver, and gold. Coins may be square or round, have writing, and show 
imagery of animals, buildings, symbols, or royal figures.

D. Bone, Ivory, Shell, and Other Organic Materials

    1. Small Statuary and Figurines--These include representations of 
deities, humans, or animals in bone or ivory. These range from 
approximately 10 cm to 1 m (4 in to 40 in).
    2. Reliefs, Plaques, Steles, and Inlays--These are carved and 
sculpted and may have figurative, floral, and/or geometric motifs. 
Examples may also have inscriptions in various languages.
    3. Jewelry--Types include amulets, pendants, combs, pins, spoons, 
bracelets, buckles, beads, and pectorals. Jewelry can be made of bone, 
ivory, and spondylus shell.
    4. Seals and Stamps--These are small devices with at least one side 
engraved with a design for stamping or sealing. Seals and stamps can be 
in the shape of squares, disks, cones, cylinders, or animals.
    5. Vessels and Luxury Objects--Ivory, bone, and shell were used 
either alone or as inlays in luxury objects, including furniture, 
chests and boxes, writing and painting equipment, musical instruments, 
games, cosmetic containers, and combs. Examples can include decorated 
vessels made of ostrich eggshell.
    6. Tools--Tools include bone points and awls, burnishers, needles, 
spatulae, and fish hooks.
    7. Manuscripts--Manuscripts can be written or painted on paper or 
specially prepared animal skins (e.g., cattle, sheep, goat, camel 
skins) known as parchment. They may be single leaves, bound as a book 
or codex, or rolled into a scroll.
    8. Human Remains--This includes skeletal remains from the human 
body, preserved in burials or other contexts.

E. Glass, Faience, and Semi-Precious Stone

    1. Architectural Elements--These include glass inlay and tesserae 
pieces from floor and wall mosaics, mirrors, and windowpanes.
    2. Vessels and Containers--These can take various shapes, such as 
jars, bottles, bowls, beakers, goblets, candle holders, perfume jars 
(unguentaria), urns, chalices, and flasks. Vessels and containers may 
have cut, incised, raised, enameled, molded, or painted decoration. 
Examples may be engraved and/or light blue, blue-green, green, or 
colorless, while those from later periods may include animal, floral, 
and/or geometric motifs.
    3. Jewelry--Jewelry includes bracelets and rings (often twisted 
with colored glass); pendants; and beads in various shapes (e.g., 
circular, globular), some with relief decoration, including multi-
colored ``eye'' beads.
    4. Lamps--Lamps may have a straight or round, bulbous body. Some 
examples are in the form of a goblet with a flared top and engraved or 
molded decorations, while others are in a conical shape with blobbed 
decoration that were inset into metal candelabra. Lamps may have a 
single or several branches.

F. Painting and Plaster

    1. Wall Painting--Wall painting can include figurative (i.e., 
deities, humans, animals), floral, and/or geometric motifs, as well as 
funerary scenes. These are painted on stone, mud plaster, and lime 
plaster (wet--buon fresco--and dry--secco fresco), sometimes to imitate 
marble.
    2. Stucco--Stucco is a fine plaster used for coating wall surfaces, 
or molding and carving into architectural decorations, such as reliefs, 
plaques, steles, and inlays.

G. Textiles, Basketry, and Rope

    1. Textiles--These include linen, hemp, and silk cloth used for 
burial wrapping, shrouds, garments, banners, and sails. These also 
include linen and wool used for garments and hangings.
    2. Basketry--Plant fibers were used to make baskets and containers 
in a variety of shapes and sizes, as well as sandals and mats.
    3. Rope--Rope and string were used for a great variety of purposes, 
including binding, lifting water for irrigation, fishing nets, 
measuring, lamp wicks, and stringing beads for jewelry and garments.

H. Wood

    Includes tablets with painted text, generally in Latin but also in 
Greek. Examples were made from cedar, pine, and other softwoods.

II. Ethnological Material

    Ethnological material includes architectural elements, manuscripts, 
and ceremonial, ritual, and funerary objects of the Islamic culture 
from the Ottoman and early Husseinite periods, ranging in date from 
approximately A.D. 1574 to 1881. This would exclude Jewish ceremonial 
or ritual objects.

A. Stone

    1. Architectural Elements--This category includes doors, door 
frames, window fittings, columns, capitals, plinths, bases, lintels, 
jambs, roofs, archways, friezes, pilasters, engaged columns, altars, 
prayer niches (mihrabs), screens, fountains, inlays, and blocks from 
walls, floors, and ceilings of buildings. Architectural elements may be 
plain, molded, or carved and are often decorated with motifs and 
inscriptions. Marble, limestone, and sandstone are most commonly used.
    2. Architectural and Non-Architectural Relief Sculpture--This 
category includes slabs, plaques, steles, capitals, and plinths carved 
with religious, figural, floral, or geometric motifs or inscriptions in 
Arabic for ceremonial, ritual, and funerary use. Examples occur 
primarily in marble, limestone, and sandstone.
    3. Memorial Stones and Tombstones--This category includes 
tombstones, grave markers, and cenotaphs. Examples occur primarily in 
marble and are engraved with Arabic script.
    4. Vessels and Containers--This category includes ceremonial, 
ritual, and funerary stone lamps and containers.

B. Metal

    1. Architectural Elements--This category includes doors, door 
fixtures, such as knockers, bolts, and hinges, chandeliers, screens, 
taps, spigots, fountains, and sheets. Copper, brass, lead, and alloys 
are most commonly used.
    2. Architectural and Non-Architectural Relief Sculpture--This 
category includes appliques, plaques, and steles, primarily made of 
bronze and brass, for ceremonial, ritual, and funerary use. Examples 
often include religious, figural, floral, or geometric motifs. They may 
also have inscriptions in Arabic.
    3. Lamps--This category includes handheld lamps, candelabras, 
braziers, sconces, chandeliers, and lamp stands for ceremonial, ritual, 
and funerary use.

[[Page 58982]]

    4. Vessels and Containers--This category includes containers used 
for religious services, such as Koran (Qur'an) cases, amulet boxes, and 
incense burners. Brass, copper, silver, and gold are most commonly 
used. Containers may be plain, engraved, hammered, or otherwise 
decorated.
    5. Musical Instruments--This category includes instruments used in 
Islamic/Sufi religious ceremonies or rituals, such as cymbals and 
trumpets.

C. Ceramic and Clay

    1. Architectural Elements--This category includes carved and molded 
brick, and engraved and/or painted and glazed tile wall ornaments and 
panels, sometimes with Arabic script.
    2. Lamps--This category includes glazed mosque lamps that may have 
straight or round, bulbous bodies with a flared top and several 
branches.

D. Wood

    1. Architectural Elements--This category includes doors, door 
frames and fixtures, windows, window frames, panels, beams, balconies, 
stages, screens, prayer niches (mihrabs), minbars, and ceilings. 
Examples may be decorated with religious, geometric, or floral motifs 
or inscriptions, and may be either carved or painted.
    2. Architectural and Non-Architectural Relief Sculpture--This 
category includes panels, roofs, beams, balconies, stages, panels, 
ceilings, and doors for ceremonial, ritual, and funerary use. Examples 
are carved, inlaid, or painted with decorations of religious, floral, 
or geometric motifs, or Arabic inscriptions.
    3. Furniture--This category includes furniture, such as minbars, 
professorial chairs, divans, stools, and tables from Islamic 
ceremonial, ritual, or funerary contexts. Examples can be carved, 
inlaid, or painted and are made from various types of wood.
    4. Vessels and Containers--This category includes containers used 
for religious purposes such as Koran (Qur'an) cases. Examples may be 
carved, inlaid, or painted with decorations in religious, floral, or 
geometric motifs, or Arabic script.
    5. Writing Implements--This category includes printing blocks, 
writing tablets, and Islamic study tablets inscribed in Arabic and used 
for teaching the Koran (Qur'an).
    6. Musical Instruments--This category includes instruments used in 
Islamic/Sufi religious ceremonies or rituals, such as frame drums 
(banadir).
    7. Beads--This category includes Islamic prayer beads (mas'baha). 
Examples may be plain or decorated with carved designs.

E. Bone, Ivory, and Shell

    1. Architectural Elements--This category includes inlays for 
architectural elements.
    2. Ceremonial Paraphernalia--This category includes boxes, 
reliquaries (and their contents), plaques, pendants, candelabra, and 
stamp and seal rings.

F. Glass and Semi-Precious Stone

    1. Architectural Elements--This category includes window panes, 
mosaic elements, inlays, and stained glass.
    2. Vessels and Containers--This category includes glass and enamel 
mosque lamps and vessels used for Islamic religious services.
    3. Beads--This category includes Islamic prayer beads (mas'baha) in 
glass or semi-precious stones.

G. Leather, Parchment, and Paper

    1. Books and Manuscripts--Manuscripts can be written or painted on 
paper or specially prepared animal skins (e.g., cattle, sheep, goat, 
camel skins) known as parchment. They occur as single leaves, bound 
with leather or wood as a book or codex, or rolled into a scroll. Types 
include the Koran (Qur'an) and other Islamic books and manuscripts, 
often written in black or brown ink, and sometimes embellished with 
painted colorful floral or geometric motifs.
    2. Vessels and Containers--This category includes containers used 
for Islamic religious services, such as leather Koran (Qur'an) cases or 
pouches.
    3. Musical Instruments--This category includes instruments used in 
Islamic/Sufi religious ceremonies or rituals, such as leather drums 
(banadir).

H. Textiles

    This category includes hangings, shrine covers, and prayer rugs 
used in Islamic/Sufi religious ceremonies or rituals. Examples can be 
made from linen, silk, and/or wool.

References

A Checklist of Islamic Coins (3rd ed.), 2011, S. Album, Stephen 
Album Rare Coins, Santa Rosa, CA.
Architecture of the Islamic West: North Africa and the Iberian 
Peninsula, 700-1800, 2020, J.M. Bloom, New Haven, Yale University 
Press.
Corpus nummorum Numidiae Mauretaniaeque, 1955, J. Mazard, et al., 
Arts et m[eacute]tiers graphiques, Paris.
De Carthage [agrave] Kairouan: 2000 ans d'art et d'histoire en 
Tunisie, 1982, Muhammad Fantar, Mus[eacute]e du Petit Palais de la 
Ville de Paris, Paris.
Ifriqiya: Thirteen Centuries of Art and Architecture in Tunisia, 
2010, J. Binous, et al., Museum with No Frontiers Travel Books, 
Vienna.
Objets Kairouanais IXe au XIIIe si[egrave]cle, 1948, G. 
Mar[ccedil]ais and L. Poinssot, Direction des Antiquit[eacute]s et 
Arts, Tunis.
Roman Provincial Coinage, Vol. I, From the Death of Caesar to 
Vitellius (BC 44-AD 69), 1992, A. Burnett, M. Amandry, and P. P. 
Ripoll[egrave]s, The British Museum Press, London.

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).

Executive Orders 12866 and 13563

    Executive Orders 12866 (Regulatory Planning and Review), as amended 
by Executive Order 14094 (Modernizing Regulatory Review), and 13563 
(Improving Regulation and Regulatory Review) 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 costs and 
benefits, reducing costs, harmonizing rules, and 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.

[[Page 58983]]

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, Reporting and recordkeeping requirements.

    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, the table in paragraph (a) is amended by adding 
Tunisia 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.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Tunisia...............................  Archaeological material of Tunisia        CBP Dec. 24-12.
                                         ranging in date from approximately
                                         200,000 B.C. to A.D. 1750, and
                                         ethnological material of Tunisia
                                         ranging in date from approximately A.D.
                                         1574 to 1881.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade, U.S. Customs and Border Protection.
Aviva R. Aron-Dine,
Acting Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2024-16037 Filed 7-19-24; 8:45 am]
BILLING CODE 9111-14-P