Rule2024-00394
Extension of Import Restrictions Imposed on Certain Archaeological Material From China
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 11, 2024
Effective
January 14, 2024
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border ProtectionTreasury Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 8 (Thursday, January 11, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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, <a href="/cdn-cgi/l/email-protection#107f643d7f64626273657c646562717c60627f6075626469507372603e7478633e777f66"><span class="__cf_email__" data-cfemail="620d164f0d16101001170e161710030e12100d120710161b220100124c060a114c050d14">[email protected]</span></a>. For operational aspects, Julie L.
Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office of
Trade, (202) 945-7064, <a href="/cdn-cgi/l/email-protection#ceff9b9d898cbcafa0ada68eadacbee0aaa6bde0a9a1b8"><span class="__cf_email__" data-cfemail="35046066727747545b565d755657451b515d461b525a43">[email protected]</span></a>.
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: <a href="https://eca.state.gov/cultural-heritage-center/cultural-property-advisory-committee/current-import-restrictions">https://eca.state.gov/cultural-heritage-center/cultural-property-advisory-committee/current-import-restrictions</a>
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
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