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Rules and Regulations Federal Register Vol. 84, No. 9

Monday, January 14, 2019

This section of the FEDERAL REGISTER DATES: Effective January 14, 2019. Federal Register (78 FR 19565) to contains regulatory documents having general FOR FURTHER INFORMATION CONTACT: For extend the agreement through a applicability and legal effect, most of which regulatory aspects, Lisa L. Burley, memorandum of understanding are keyed to and codified in the Code of Branch Chief, Cargo Security, Carriers (‘‘MOU’’) between the United States and Federal Regulations, which is published under China concerning the imposition of 50 titles pursuant to 44 U.S.C. 1510. and Restricted Merchandise Branch, Regulations and Rulings, Office of import restrictions on archaeological The Code of Federal Regulations is sold by Trade, (202) 325–0215, ot-otrrcultural material from the Paleolithic Period the Superintendent of Documents. [email protected]. For operational through the Tang Dynasty and aspects, Christopher N. Robertson, monumental sculpture and wall art at Branch Chief, Commercial Targeting & least 250 years old. On August 1, 2013, DEPARTMENT OF HOMELAND Analysis Center, Trade Policy and the Assistant Secretary for Educational SECURITY Programs, Office of Trade, (202) 325– and Cultural Affairs, United States Department of State, made the necessary U.S. Customs and Border Protection 6586, [email protected]. SUPPLEMENTARY INFORMATION: determinations to extend the import restrictions for an additional five years. DEPARTMENT OF THE TREASURY Background On January 13, 2014, CBP published a final rule (CBP Dec. 14–02) in the 19 CFR Part 12 Pursuant to the Convention on Cultural Property Implementation Act, Federal Register (79 FR 2088), which [CBP Dec. 19–02] Public Law 97–446, 19 U.S.C. 2601 et amended § 12.104g(a) to reflect the seq. (hereinafter, ‘‘the Cultural Property extension of these import restrictions for RIN 1515–AE42 Implementation Act’’ or ‘‘the Act’’), an additional five years. By request of Extension of Import Restrictions which implements the 1970 United China, this document also amended the Imposed on Certain Archaeological Nations Educational, Scientific and Designated List to clarify that the Material From China Cultural Organization (UNESCO) restrictions as to monumental sculpture Convention on the Means of Prohibiting and wall art at least 250 years old AGENCY: U.S. Customs and Border and Preventing the Illicit Import, Export should be calculated as of January 14, Protection; Department of Homeland and Transfer of Ownership of Cultural 2009, the date the MOU became Security; Department of the Treasury. Property (hereinafter, ‘‘1970 UNESCO effective. These import restrictions are ACTION: Final rule. Convention’’ or ‘‘the Convention’’ (823 due to expire on January 14, 2019. U.N.T.S. 231 (1972))), the United States On April 4, 2018, the United States SUMMARY: This document amends the entered into a bilateral agreement with Department of State proposed in the U.S. Customs and Border Protection the People’s Republic of China (China) Federal Register (83 FR 14537) to (CBP) regulations to reflect an extension on January 14, 2009, to impose import extend the MOU between the United of import restrictions on certain restrictions on certain archaeological States and China concerning the archaeological material from China. The material representing China’s cultural imposition of import restrictions on restrictions, which were originally heritage from the Paleolithic Period (c. certain archaeological material and imposed by CBP Dec. 09–03 and last 75,000 B.C.) through the end of the Tang monumental sculpture and wall art at extended by CBP Dec. 14–02, are due to Period (A.D. 907), and monumental least 250 years old for an additional five expire on January 14, 2019. The sculpture and wall art at least 250 years years. Assistant Secretary for Educational and old. On January 16, 2009, U.S. Customs The Assistant Secretary for Cultural Affairs, United States and Border Protection (CBP) published Educational and Cultural Affairs, United Department of State, has made the a final rule (CBP Dec. 09–03) in the States Department of State, after requisite determination for extending Federal Register (74 FR 2838), which consultation with and recommendations the import restrictions that previously amended § 12.104g(a) of title 19 of the by the Cultural Property Advisory existed and entering into a new Code of Federal Regulations (19 CFR Committee, determined that the cultural Memorandum of Understanding (MOU) 12.104g(a)) to reflect the imposition of heritage of China continues to be in with China to reflect the extension of these restrictions, and included a list jeopardy from pillage of certain these import restrictions. The new MOU covering certain archaeological material archaeological material and that the supersedes the existing agreement that from China. import restrictions should be extended became effective on January 14, 2009. Import restrictions listed at 19 CFR for an additional five years. Accordingly, these import restrictions 12.104g(a) are effective for no more than Subsequently, a new MOU was will remain in effect for an additional five years beginning on the date on concluded between the United States five years, and the CBP regulations are which the agreement enters into force and China. The new MOU supersedes being amended to reflect this further with respect to the United States. This and replaces the prior MOU, extends the extension through January 14, 2024. period may be extended for additional import restrictions that went into effect This document also contains the periods of not more than five years if it under the prior MOU for an additional amended Designated List that describes is determined that the factors which five years and adds a new subcategory the types of archaeological material to justified the initial agreement still of glass objects from the Zhou period which the restrictions apply, including pertain and no cause for suspension of through the Tang period. This new a new subcategory of glass objects from the agreement exists. MOU is titled: ‘‘Memorandum of the Zhou period through the Tang On April 1, 2013, the United States Understanding Between the period. Department of State proposed in the Government of the United States of

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America and the Government of the Han Dynasty (206 BC–AD 220). (Guangdong Province), among many People’s Republic of China Concerning Three Kingdoms (AD 220–280). others. the Imposition of Import Restrictions on Jin Dynasty (AD 265–420). Neolithic vessels are sometimes Categories of Archaeological Material of Southern and Northern Dynasties (AD inscribed with pictographs. When China.’’ The new MOU revises the 420–589). present, they are often single incised Designated List of cultural property Sui Dynasty (AD 581–618). marks on vessels of the Neolithic described in CBP Dec. 14–02, as set Tang Dynasty (AD 618–907). period, and multiple incised marks (sometimes around the rim) on late forth below. Accordingly, CBP is I. Ceramic amending 19 CFR 12.104g(a) to reflect Neolithic vessels. the extension of these import The ceramic tradition in China a. Yangshao: The ‘‘classic’’ form of restrictions. extends back to at least the 6th Neolithic culture, c. 5000–3000 BC in The restrictions on the importation of millennium BC and encompasses a Shanxi, Shaanxi, Gansu, Henan, and archaeological material from China are tremendous variety of shapes, pastes, adjacent areas. Hand-made, red paste to continue in effect through January 14, and decorations. Chinese ceramics painted with black, sometimes white 2024. Importation of such material from include earthenwares, stonewares and motifs that are abstract, and depict China continues to be restricted through porcelains, and these may be unglazed, plants, animals, and humans. Forms that date unless the conditions set forth glazed, underglazed, painted, carved, include bulbous jars with lug handles, in 19 U.S.C. 2606 and 19 CFR 12.104c impressed with designs, decorated with usually with a broad shoulder and are met. applied designs or a combination of all narrow tapered base, bowls, open mouth of these. Only the most distinctive are vases, and flasks (usually undecorated) Amended Designated List listed here. Vessels are the most with two lug handles and a pointed The Designated List, covering articles numerous and varied types of ceramics. base. from the Paleolithic Period (c. 75,000 Ceramic sculptures include human, b. Shandong Longshan: Vessels are B.C.) through the end of the Tang Period animal, mythic subjects, and models of wheel-made, black, very thin-walled, (A.D. 907) and monumental sculpture scenes of daily life. Architectural and highly polished, sometimes with and wall art at least 250 years old as of elements include decorated bricks, open cut-out decoration. Forms include January 14, 2009, that are protected baked clay tiles with different glaze tall stemmed cups (dou), tripods (li and pursuant to the existing MOU, has been colors, and acroteria (ridge pole ding), cauldrons, flasks, and containers revised. Under the new MOU, a new decorations). for water or other liquids. subcategory of objects under ‘‘Section A. Vessels 2. Erlitou, Shang, and Zhou Vessels VIII Glass’’ has been added to include ‘‘beads’’, pursuant to 19 U.S.C. 2606, 1. Neolithic Period a. Vessels are mostly utilitarian gray paste cooking tripod basins, cooking and the word ‘‘mostly’’ preceding the Archaeological work over the past and storage jars, wide mouth containers, word ‘‘tablewares’’ in the same section thirty years has identified numerous pan circular dishes with flat base, and has been removed. Grammatical changes cultures of the Neolithic period from broad three legged versions of pans. The have been made to the Designated List every part of China, all producing latter also appear in fine gray and black in ‘‘Section II Stone’’ for Other Stone distinctive ceramics. Early Neolithic pastes. The forms of these include the sculptures associated with Buddhism, cultures (c. 7500–5000 BC) include such kettle with lid (he), tripod liquid heating and in ‘‘Section III Metal’’ for Bronze cultures as Pengtoushan (northern vessel with pouring spout (jue), tripod musical instruments of the Zhou Hunan Province), Peiligang (Henan cooking pot (ding), goblet or beaker (gu), through Tang period and miscellaneous Province), Cishan (Hebei Province), and tripod water heater without pouring Bronze items. Additionally, the words Houli (Shandong Province), Xinglongwa spout (jia). ‘‘Dynasty’’ or ‘‘Dynasties’’ and ‘‘period’’ (eastern Inner Mongolia and Liaoning b. Shang and Zhou: Vessels may be have been added for clarity, where Province), Dadiwan and Laoguantai wheel-made or coiled. Vessels can be appropriate, throughout the Designated (Gansu and Shaanxi Province), and utilitarian gray paste cooking vessels, List. The Designated List and additional Xinle (Liaodong peninsula, Liaoning often cord-impressed, or more highly information may also be found at the Province), among others. Examples of decorated types. Surfaces can be following website address: https:// Middle Neolithic cultures (c. 5000–3000 impressed and glazed yellow to brown eca.state.gov/cultural-heritage-center/ BC) include Yangshao (Shaanxi, Shanxi, to dark green. White porcelain-like cultural-property-advisory-committee/ and Henan Provinces), Daxi (eastern vessels also occur. Forms include those current-import-restrictions under Sichuan and western Hubei Provinces), of the Erlitou plus wide-mouth ‘‘China.’’ For ease of reference, the Hemudu (lower Yangzi River valley, containers and variously shaped jars Designated List that was published in Zhejiang Province), Majiabang (Lake and serving vessels. CBP Dec. 14–02, including the revisions Tai/Taihu area to Hangzhou Bay, mentioned above, is reproduced below: Zhejiang and southern Jiangsu 3. Qin Through Southern and Northern Amended Designated List of Provinces), Hongshan (eastern Inner Vessels Archaeological Material of China Mongolia, Liaoning, and northern Hebei Most vessels are wheel-made. The Provinces), and Dawenkou (Shandong Simplified Chronology main developments are in glazing. Province), among others. Later Neolithic Earthenwares may have a lead-based Paleolithic period (c. 75,000–10,000 cultures (c. 3500–2000 BC) include shiny green glaze. Grey stonewares with BC). Liangzhu (lower Yangzi River Valley), an olive color are called Yue ware. Neolithic period (c. 10,000–2000 BC). Longshan (Shandong and Henan Erlitou and other Early Bronze Age Provinces), Taosi (southern Shanxi 4. Sui and Tang Vessels cultures (c. 2000–1600 BC). Province), Qujialing (middle Yangzi Shang Dynasty and other Bronze Age River valley in Hubei and Hunan Note: Most vessels are wheel-made. Cultures (c. 1600–1100 BC). Provinces), Baodun (Chengdu Plain, a. Sui: Pottery is plain or stamped. Zhou Dynasty (c. 1100–256 BC). Sichuan Province), Shijiahe (western b. Tang: A three-color glazing Qin Dynasty (221–206 BC). Hubei Province), and Shixia technique is introduced for

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earthenwares (sancai). Green, yellow, almost any other color. Jade has been (cong), usually square on the outside brown, and sometimes blue glazes are valued in China since the Neolithic with a circular hole through its length, used together on the same vessel. For period. Types commonly encountered often with surface carving that segments stoneware, the olive glaze remains include ornaments, amulets, jewelry, the outer surface into three or more typical. weapons, insignia, and vessels. registers. The cong tubes are often decorated with a motif on each corner B. Sculpture 1. Ornaments and Jewelry of each register showing abstract pairs of 1. Neolithic: Occasional small a. Neolithic (Hongshan): Types are eyes, animal and/or human faces. Cong figurines of animals or humans. From mostly hair cylinders or pendant tubes, while most closely linked with the Hongshan culture come human ornamental animal forms such as the Liangzhu culture, were widely figures, some of which appear pregnant, turtles, fish-hawks, cicadas, and distributed among the many late and human faces ranging from small to dragons. One common variety is the so- Neolithic cultures of China. life-size, as well as life-size and larger called ‘‘pigdragon’’ (zhulong), a circular fragments of human body parts (ears, ring form with a head having wrinkled 4. Vessels belly, hands, and others). snout (the ‘‘pig’’) and long dragon-like a. Shang through Han: Types include 2. Shang through Eastern Zhou: body. eared cups and other tableware. Ceramic models and molds for use in b. Neolithic (Liangzhu): Types include b. Qin through Tang: Tableware forms the piece-mold bronze casting process. awl-shaped pendants, three-prong such as cups, saucers, bowls, vases, and Examples include frontal animal mask attachments, openwork crown-shapes, inkstones. beads, birds, fishes, and frogs. (taotie), birds, dragons, spirals, and 5. Other other decorative motifs. c. Neolithic (Shandong Longshan) and 3. Eastern Zhou, Qin and Han: Erlitou: Ornaments for body and Chimes from all eras may be Figures are life-size or smaller. They are clothing such as stick pins and beads. rectangular or disk-shaped. d. Shang and Zhou: Earrings, hand- and mold-made, and may be B. Amber unpainted, painted, or glazed. Figures necklaces, pectorals, hair stickpins, commonly represent warriors on foot or ornaments, sometimes in the shape of Amber is used for small ornaments horseback, servants, acrobats, and small animals, dragons, or other forms; from the Neolithic through Tang others. Very large numbers date to the belt buckles, and garment hooks. During Dynasties. Han Dynasty. In some cases, the ceramic the Zhou Dynasty, elaborate pectorals C. Other Stone male and female figurines are made of jade links, and jade inlay on anatomically accurate, nude, and lack bronze appear. 1. Tools and Weapons arms (in these cases, the figures were e. Qin, Han and Three Kingdoms: a. Paleolithic and later eras: Chipped originally clad in clothes and had Pectoral ornaments and small-scale lithics from the Paleolithic and later wooden arms that have not been pendants continue to be produced. eras including axes, blades, scrapers, preserved). Other ceramic objects, Types include pectoral slit earrings, arrowheads, and cores. originally combined to make scenes, large disks (bi), openwork disks (bi), b. Neolithic and later eras: Ground take many forms including buildings, openwork plaques showing a mythic stone including hoes, sickles, spades, courtyards, ships, wells, and pig pens. bird (feng), and various types of rings. axes, adzes, pestles, and grinders. 4. Tang: Figures depicting Chinese Entire burial suits of jade occur during c. Erlitou through Zhou: As with jade, people, foreigners, and animals may be the Han Dynasty. More frequently weapon types include blades, broad glazed or unglazed with added paint. occurring are Han Dynasty belthooks axes (yue), and halberds (ge). Approximately 15 cm to 150 cm high. decorated with dragons, and garment hooks. 2. Sculpture C. Architectural Decoration and Molds 2. Weapons, Tools, and Insignia Stone becomes a medium for large- 1. Han: Bricks having a molded scale images in the Qin and Han surface with geometric or figural design. a. Neolithic (Liangzhu): Types include Dynasties. It is put to many uses in These depict scenes of daily life, mythic weapons such as broad-bladed axes tombs. It also plays a major role in and historical stories, gods, or demons. (yue), long rectangular or trapezoidal representing personages associated with 2. Three Kingdoms through Tang: blades (zhang), often with holes along Buddhism, Daoism, and Confucianism. Bricks may be stamped or painted with the back (non-sharpened) edge for a. Sculpture in the round the same kinds of scenes as in the Han hafting; and tools such as hoe, adze, Dynasty. knife blades. b. Neolithic (Shandong Longshan) Note: This section includes monumental 3. Han through Tang: Roof tiles may sculpture at least 250 years old as of January have a corded design. Eaves tiles with and Erlitou: Broad axe (yue) and halberd 14, 2009. or ‘‘dagger axe’’ (ge). antefixes have Chinese characters or i. Shang: Sculpture includes humans, geometric designs. Glazed acroteria c. Shang and Zhou: Broad axes (yue) and halberd (ge) may be attached to often kneeling with hands on knees, (ridge pole decorations) in owl tail sometimes with highly decorated shape. turquoise inlaid bronze shafts. d. Neolithic (Liangzhu) to Zhou: Tool incised robes, owls, buffalo, and other II. Stone types include hoe, adze, knife blades. animals. The Jinsha site near Chengdu, e. Neolithic (Shandong Longshan) to Sichuan, dating to the late Shang A. Jade Zhou: Insignia blades based on tool Dynasty, has yielded numerous Ancient Chinese jade is, for the most shapes such as long hoe, flat adze, and examples of stone figurines in a part, the mineral nephrite. It should be knife. kneeling position, with carefully noted, however, that many varieties of depicted hair parted in the center, and hard stone are sometimes called ‘‘jade’’ 3. Ceremonial Paraphernalia with hands bound behind their back. (yu) in Chinese. True nephrite jade can Neolithic—Han: Types include flat ii. Han to Qing: The sculpture for range in color from white to black, and circular disks (bi) with a cut-out central tombs includes human figures such as from the familiar shades of green to hole and prismatic cylindrical tubes warriors, court attendants, and

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foreigners. Animals include horse, tiger, Sculpture is an integral part of Qing designs. Late innovations are made to pig, bull, sheep, elephant, and fish, Dynasty architecture. Bridges, archways, surface treatment: Relief decorations of among many others. columns, staircases and terraces intertwined dragons and feline iii. The sculpture associated with throughout China are decorated with appendages; inlay with precious stones Buddhism is usually made of limestone, reliefs. Colored stones may be used, and gems; inlay with other metals such sandstone, schist and white marble. including small bright red, green, as gold and silver; gilding; pictorial These may be covered with clay, plaster, yellow and black ones. Statue bases are narratives featuring fighting, feasting and then painted. Figures commonly draped with imitations of embroidered and rituals; and various geometric represented are the Buddha and cloths. Stone parapets are carved with designs. disciples in different poses and small, elaborately adorned fabulous d. Qin and Han: All vessel types and garments. beasts. styles popularized of the immediately preceding era continue. iv. The sculpture associated with 4. Musical Instruments Daoism is usually sandstone and 2. Sculpture limestone, which may be covered and Neolithic through Han, and later: painted. Figures commonly represented Chimestones, chipped and/or ground a. Shang and other Bronze Age are Laozi or a Daoist priest. from limestone and other resonant rock. Cultures through Zhou: Wide variety of cast human and animal sculptures. v. The sculpture associated with They may be highly polished, carved with images of animals or other motifs, Particularly distinctive are the bronze Confucianism represents Confucius and and bear inscriptions in Chinese sculptures from the Sanxingdui Culture his disciples. characters. They usually have a chipped in Sichuan which include life-sized b. Relief Sculpture or ground hole to facilitate suspension human heads (often with fantastic i. Han: Relief sculpture is used for all from a rack. features and sometimes overlaid with gold leaf) and standing or kneeling elements of tombs including sarcophagi, III. Metal tomb walls, and monumental towers. figurines ranging in size from 5 cm to The most important metal in more than 2 meters; tree-shaped Images include hunting, banqueting, traditional Chinese culture is bronze (an historical events, processions, scenes of assemblages; birds, dragons, and other alloy of copper, tin and lead), and it is real and fantastic animals. Bronze daily life, fantastic creatures, and used most frequently to cast vessels, animals. sculpture from Chu and related cultures weapons, and other military hardware. include supports for drums and bell sets ii. Tang: Tomb imagery now includes Iron artifacts are not as common, landscapes framed by vegetal motifs. (often in the shape of guardian figures, although iron was used beginning in the fantastic animals, or intertwined c. Art of Cave or Grotto Temples middle of the Zhou Dynasty to cast snakes). agricultural tool types, vessels, weapons b. Qin and Han: Decorative bronze Note: This section includes monumental and measuring utensils. As with types include statues of horses, lamps in sculpture at least 250 years old as of January ceramics, only the most distinctive are the shape of female servants, screen 14, 2009. listed here. supports in the shape of winged Han—Qing: These temples, mostly A. Bronze immortals, incense burners in the shape Buddhist, combine relief sculpture, of mountains, mirrors, and inlaid sculpture in the round, and sometimes 1. Vessels cosmetic boxes. mural painting. The sculptures in the c. Buddhist: In the Han Dynasty, there round may be stone or composites of Note: Almost any bronze vessel may have first appear small portable images of an inscription in archaic Chinese characters. stone, wood, and clay and are painted Sakyamuni Buddha. During the next with bright colors. a. Erlitou: Types include variations on historical eras, such images proliferate pots for cooking, serving and eating food and become more varied, in terms of d. Stelae including such vessels as the cooking size and imagery. Most of these are free- pot (ding), liquid heating vessel with standing, depicting such subjects as the Note: This section includes monumental open spout (jue), or with tubular spout sculpture at least 250 years old as of January historical Buddha Sakyamuni, Buddhas 14, 2009. (he), and water heater without spout associated with paradises, Buddha’s (jia). disciples, and scenes from the Lotus Han—Qing: Tall stone slabs set b. Shang: Bronze vessels and Sutra. Gilt bronzes are made from the vertically, usually on a tortoise-shaped implements include variations on the Han to Tang Dynasties. base and with a crown in the form of ceramic posts used for cooking, serving, intertwining dragons. Stelae range in and eating including but not limited to 3. Coins size from around 0.60m to 3m. Some the tripod or quadripod cooking pot a. Zhou Media of Exchange and Tool- include relief sculpture consisting of (ding), water container (hu), and goblet shaped Coins: Early media of exchange Buddhist imagery and inscription, and (gu). Animal-shaped vessels include the include bronze spades, bronze knives, others are secular memorials with long owl, mythic bird, tiger, ram, buffalo, and cowrie shells. During the 6th memorial inscription on front and back deer, and occasionally elephant and century BC, flat, simplified, and faces. rhinoceros. Most types are decorated standardized cast bronze versions of 3. Architectural Elements with symbolic images of a frontal spades appear and these constitute animal mask (taotie) flanked by China’s first coins. Other coin shapes a. Erlitou through Zhou: Marble or mythical birds and dragons, or with appear in bronze including knives and other stone is used as a support for simpler images of dragons or birds, cowrie shells. These early coins may wooden columns and other architectural profile cicadas, and geometric motifs, bear inscriptions. or furniture fixtures. including a background ‘‘cloud and b. Later, tool-shaped coins began to be b. Qing: thunder’’ pattern of fine squared spirals. replaced by disc-shaped ones, which are Note: This section includes monumental c. Zhou: Types include those of also cast in bronze and marked with sculpture at least 250 years old as of January previous eras. Sets begin to be made inscriptions. These coins have a central 14, 2009. with individual vessels having similar round or square hole.

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c. Qin: In the reign of Qin Shi 3. Tang: Large-scale castings include of many thin layers. The resulting object Huangdi (221–210 BC), the square-holed Buddhist statues, bells, lions, dragons, may be carved and or inlaid before it round coins become the norm. The new human figures, and pagodas. hardens completely. Common colors for Qin coin is inscribed simply with its lacquer are red and black. Object types C. Gold and Silver weight, expressed in two Chinese include: Vessels such as bowls, dishes, characters ban liang. These are written During the Shang and Zhou and goblets; military gear such as in small seal script and are placed Dynasties, gold is used to produce shields and armor; musical instruments symmetrically to the right and left of the jewelry and a limited number of vessel such as zithers (qin) and drums, related central hole. types, and as gilding, gold leaf, or inlay supports for drums and for bell sets; and d. Han through Sui: Inscriptions on bronze. Gold and silver become boxes and baskets with painted or become longer, and may indicate that widely used in the Han Dynasty and carved lids. the inscribed object is a coin, its value remain so through the Tang Dynasty. Wooden objects from this era are in relation to other coins, or its size. Objects include vessels such as cups, mainly preserved when painted with Later, the period of issue, name of the ewers, jars, bowls; utensils such as lacquer. These include architectural mint, and numerals representing dates lamps, containers, jewelry, liturgical elements, utensils, coffins, musical may also appear on obverse or reverse. wares, furniture parts; and Buddhist instruments, and wood sculptures. A new script, clerical (lishu), comes into sculpture such as images of Buddha and use in the Jin Dynasty. reliquaries. VII. Bamboo and Paper e. Tang: The clerical script becomes IV. Bone, Ivory, Horn, and Shell Zhou through Tang: Types include the norm until AD 959, when coins with texts on bamboo and wooden slips, and Neolithic through Tang: The most regular script (kaishu) also begin to be on paper. The slips may be found important uses of these materials is for issued. singly, or in groups numbering into the vessels, seals, small-scale sculptures, thousands. Some Buddhist sutras were 4. Musical Instruments and personal ornaments. In the printed with movable wooden type. a. Shang: Instruments include Neolithic period, Erlitou culture, and individual clapper-less bells (nao), Shang Dynasty, bone (bovine scapula VIII. Glass and tortoise plastrons, or lower shells) singly and in sets. Barrel drums lay Zhou through Tang: Glass types is used for divination: A carefully horizontally, have a saddle on top, and include beads and tablewares, such as prepared bone or shell was thinned by rest on four legs. cups, plates, and saucers. b. Zhou through Tang: Bells and bell drilling series of holes almost through sets continue to be important. The bells the bone, to which heat was applied to IX. Painting and Calligraphy make the bone crack. In some cases from vary considerably in size and in shape. A. Wall Painting Other instruments include mouth the Late Shang Dynasty, the bones carry organs (hulu sheng), gongs, cymbals, inscriptions revealing the date and Note: This section includes wall art at least and a variety of types of drums, nature of the question asked and, 250 years old as of January 14, 2009. including drums (chunyu) and large occasionally, the outcome of the event. ‘‘kettledrums’’ from south and The cowrie shells used as money in the The painted bricks of the Han through southwest China. Shang Dynasty and later periods show Tang tomb walls have already been signs of use. Worked shell imitations of mentioned. That tradition is partially 5. Tools and Weapons cowries are also known. Ivory and horn concurrent with a fresco tradition that Tools and implements of all eras are used to craft tableware utensils such runs from the Han through Qing include needles, spoons, ladles, lifting as cups and containers as early as the Dynasties. Temples including those in poles, axes, and knives. Weapons and Shang Dynasty; these are sometimes caves or grottos have wall paintings military gear include the broad axe, inlaid with turquoise or other stones. with Buddhist, Confucian, and Daoist dagger axe, knives, spear points, themes. V. Silks and Textiles arrowheads, helmets, chariot fittings, B. Other Painting combination of spear and dagger (ji), Neolithic through Tang: Silk worms cross-bow, and horse frontlets. are domesticated in China as early as Han through Tang: Paintings, dating the Neolithic period. Silk cloth is to as early as the Southern and Northern 6. Miscellaneous preserved as garments and parts thereof, Dynasties, are on such media as Other bronze items include but are as a covering for furniture, and as banners, hand-scrolls, and fans. Subjects not limited to mirrors, furniture parts, painted or embroidered banners. are drawn from Buddhism, and utensils such as belt buckles, Techniques include flat weave, moire´, Confucianism, and Daoism. Other garment hooks, weights, measuring damask, gauze, quilting, and subjects include landscapes and hunting implements, incense burners, lamps, embroidery. scenes. spirit trees, tallies, seals, rings, bells, VI. Lacquer and Wood Inapplicability of Notice and Delayed and cosmetic containers. Effective Date Neolithic through Tang: Lacquer is a B. Iron transparent sap collected from the lac This amendment involves a foreign Iron is used for such utilitarian tree. When dissolved, it may be affairs function of the United States and objects as axes, hammers, chisels, and repeatedly applied to a wood or fabric is, therefore, being made without notice spades. At the end of the Zhou Dynasty, form. The resulting product is sturdy or public procedure under 5 U.S.C. steel swords with multi-faceted metal and light. Lacquer vessels first appear in 553(a)(1). For the same reason, a inlay are produced. the Neolithic period, and become highly delayed effective date is not required 1. Zhou through Han: Bimetallic sophisticated and numerous by the under 5 U.S.C. 553(d)(3). weapons such as iron-bladed swords middle Zhou through Han Dynasties. In Regulatory Flexibility Act and knives with a bronze hilt. the Sui and Tang Dynasties, the practice 2. Three Kingdoms through Sui: is invented of creating a hard, thick Because no notice of proposed Small-scale Buddhist images are cast. surface of lacquer with the application rulemaking is required, the provisions

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of the Regulatory Flexibility Act (5 DEPARTMENT OF HOMELAND which implements the 1970 United U.S.C. 601 et seq.) do not apply. SECURITY Nations Educational, Scientific and Cultural Organization (UNESCO) Executive Orders 12866 and 13771 U.S. Customs and Border Protection Convention on the Means of Prohibiting CBP has determined that this and Preventing the Illicit Import, Export document is not a regulation or rule DEPARTMENT OF THE TREASURY and Transfer of Ownership of Cultural subject to the provisions of Executive Property (hereinafter, ‘‘1970 UNESCO Order 12866 or Executive Order 13771 19 CFR Part 12 Convention’’ or ‘‘the Convention’’ (823 because it pertains to a foreign affairs RIN 1515–AE41 U.N.T.S. 231 (1972))), the United States function of the United States, as entered into a bilateral agreement with described above, and therefore is Extension of Import Restrictions the Republic of Bulgaria (Bulgaria) on specifically exempted by section 3(d)(2) Imposed on Certain Archaeological January 14, 2014, to impose import of Executive Order 12866 and section and Ecclesiastical Ethnological restrictions on: (1) Archaeological 4(a) of Executive Order 13771. Material From Bulgaria material from Bulgaria ranging in date from 7500 B.C through approximately Signing Authority AGENCY: U.S. Customs and Border 1750 A.D.; and (2) ecclesiastical This regulation is being issued in Protection, Department of Homeland ethnological material from Bulgaria accordance with 19 CFR 0.1(a)(1), Security; Department of the Treasury. ranging in date from the beginning of pertaining to the Secretary of the ACTION: Final rule. the 4th century A.D. through Treasury’s authority (or that of his/her approximately 1750 A.D. On January 16, SUMMARY: This document amends the delegate) to approve regulations related 2014, U.S. Customs and Border U.S. Customs and Border Protection to customs revenue functions. Protection (CBP) published a final rule (CBP) regulations to reflect an extension (CBP Dec. 14–01) in the Federal List of Subjects in 19 CFR Part 12 of import restrictions on certain Register (79 FR 2781), which amended archaeological and ecclesiastical § 12.104g(a) of title 19 of the Code of Cultural property, Customs duties and ethnological material from Bulgaria. The Federal Regulations (19 CFR 12.104g(a)) inspection, Imports, Prohibited restrictions, which were originally to reflect the imposition of these merchandise. imposed by CBP Dec. 14–01, are due to restrictions, and included a list covering Amendment to CBP Regulations expire on January 14, 2019. The certain archaeological and ecclesiastical Assistant Secretary for Educational and ethnological material from Bulgaria. For the reasons set forth above, part Cultural Affairs, United States Import restrictions listed at 19 CFR 12 of title 19 of the Code of Federal Department of State, has made the 12.104g(a) are effective for no more than Regulations (19 CFR part 12) is requisite determination for extending five years beginning on the date on amended as set forth below: the import restrictions that previously which the agreement enters into force existed and entering into a new with respect to the United States. This PART 12—SPECIAL CLASSES OF Memorandum of Understanding (MOU) period may be extended for additional MERCHANDISE with Bulgaria to reflect the extension of periods of not more than five years if it these import restrictions. The new MOU is determined that the factors that ■ 1. The general authority citation for supersedes and replaces the existing justified the initial agreement still part 12 and the specific authority agreement that became effective on pertain and no cause for suspension of citation for § 12.104g continue to read as January 14, 2014. This new MOU also the agreement exists. follows: corrects an inconsistency existing On June 13, 2018, the United States Authority: 5 U.S.C. 301; 19 U.S.C. 66, between the previous MOU and the Department of State proposed in the 1202 (General Note 3(i), Harmonized Tariff Designated List that describes the types Federal Register (83 FR 27649) to Schedule of the United States (HTSUS)), of archaeological and ecclesiastical extend the Memorandum of 1624; ethnological material to which the Understanding (MOU) between the * * * * * restrictions apply. United States and Bulgaria concerning the imposition of import restrictions on Sections 12.104 through 12.104i also DATES: Effective January 14, 2019. issued under 19 U.S.C. 2612; certain archaeological and ecclesiastical FOR FURTHER INFORMATION CONTACT: For * * * * * ethnological material from Bulgaria for regulatory aspects, Lisa L. Burley, an additional five years. § 12.104g [Amended] Branch Chief, Cargo Security, Carriers The Assistant Secretary for and Restricted Merchandise Branch, Educational and Cultural Affairs, United ■ 2. In § 12.104g, in paragraph (a), the Regulations and Rulings, Office of States Department of State, after table is amended in the entry for Trade, (202) 325–0215, ot- consultation with and recommendations People’s Republic of China by removing [email protected]. For by the Cultural Property Advisory the words ‘‘CBP Dec. 09–03 extended by operational aspects, Christopher N. Committee, determined that the cultural CBP Dec. 14–02’’ in the column headed Robertson, Branch Chief, Commercial heritage of Bulgaria continues to be in ‘‘Decision No.’’, and adding in their Targeting & Analysis Center, Trade jeopardy from pillage of certain place the words ‘‘CBP Dec. 19–02’’. Policy and Programs, Office of Trade, archaeological material and (202) 325–6586, [email protected]. ecclesiastical ethnological material and Kevin K. McAleenan, SUPPLEMENTARY INFORMATION: that the import restrictions should be Commissioner, U.S. Customs and Border extended for an additional five years. Protection. Background Subsequently, the United States and Approved: January 9, 2019. Pursuant to the Convention on Bulgaria entered into and concluded a David J. Kautter, Cultural Property Implementation Act, new MOU, superseding and replacing Assistant Secretary of the Treasury. Public Law 97–446, 19 U.S.C. 2601 et the existing MOU (dated January 14, [FR Doc. 2019–00065 Filed 1–10–19; 11:15 am] seq. (hereinafter, ‘‘the Cultural Property 2014), to reflect the extension of those BILLING CODE 9111–14–P Implementation Act’’ or ‘‘the Act’’), import restrictions for an additional five

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