Rule2024-16037
Imposition of Import Restrictions on Archaeological and Ethnological Material of Tunisia
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
July 22, 2024
Effective
July 22, 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 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.
Full Text
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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, <a href="/cdn-cgi/l/email-protection#117e653c7e65636372647d656463707d61637e6174636568517273613f7579623f767e67"><span class="__cf_email__" data-cfemail="503f247d3f24222233253c242522313c20223f2035222429103332207e3438237e373f26">[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#ab9afef8ece9d9cac5c8c3ebc8c9db85cfc3d885ccc4dd"><span class="__cf_email__" data-cfemail="daeb8f899d98a8bbb4b9b29ab9b8aaf4beb2a9f4bdb5ac">[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)) (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
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