49594 Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations

Saturdays, Sundays, and legal public DEPARTMENT OF THE TREASURY The importance and popularity of such holidays). Extensions shall be made by items regrettably makes them targets of written notice to the requester setting Customs Service theft, encourages clandestine looting of forth the reasons for the extension and archaeological sites, and results in their the date on which a determination is 19 CFR Part 12 illegal export and import. expected to be dispatched. As used in [T.D. 97±80] The U.S. shares in the international this paragraph, ‘‘unusual concern for the need to protect circumstances’’ means, but only to the RIN 1515±AC22 endangered cultural property. The appearance in the U.S. of stolen or extent reasonably necessary to the Import Restrictions Imposed on illegally exported artifacts from other proper processing of the request: Archaeological Artifacts From Mali (1) The need to search for and collect countries where there has been pillage the requested records from facilities or AGENCY: U.S. Customs Service, has, on occasion, strained our foreign other establishments that are separate Department of the Treasury. and cultural relations. This situation, from the office processing the request; ACTION: Final rule. combined with the concerns of museum, archaeological, and scholarly (2) The need to search for, collect, and SUMMARY: This document amends the communities, was recognized by the appropriately examine a voluminous Customs Regulations to reflect the President and Congress. It became amount of separate and distinct records imposition of import restrictions on apparent that it was in the national which are demanded in a single request; culturally significant archaeological interest for the U.S. to join with other or artifacts from the region of the Niger countries to control illegal trafficking of (3) The need for consultation, which River Valley of Mali and the Bandiagara such articles in international commerce. shall be conducted with all practicable Escarpment (Cliff), Mali. These The U.S. joined international efforts speed, with another agency having a restrictions are being imposed pursuant and actively participated in substantial interest in the determination to an agreement between the United deliberations resulting in the 1970 of the request or among two or more States and Mali that has been entered UNESCO Convention on the Means of components of the agency having a into under the authority of the Prohibiting and Preventing the Illicit substantial subject matter interest Convention on Cultural Property Import, Export and Transfer of therein. Implementation Act in accordance with Ownership of Cultural Property (823 (e) A requester may obtain, upon the United Nations Educational, U.N.T.S. 231 (1972)). U.S. acceptance of request, expedited processing of a Scientific and Cultural Organization the 1970 UNESCO Convention was request for records when the requester (UNESCO) Convention on the Means of codified into U.S. law as the demonstrates a ‘‘compelling need’’ for Prohibiting and Preventing the Illicit ‘‘Convention on Cultural Property the information. The Freedom of Import, Export and Transfer of Implementation Act’’ (Pub.L. 97–446, 19 Information Officer will notify the Ownership of Cultural Property. The U.S.C. 2601 et seq.) (‘‘the Act’’). This requester within 10 calendar days after document also contains the Designated was done to promote U.S. leadership in receipt of such a request whether the List of Archaeological Material that achieving greater international Corporation granted expedited describes the articles to which the cooperation towards preserving cultural processing. If expedited processing was restrictions apply. These import treasures that are of importance not only granted, the request will be processed as restrictions imposed pursuant to the to the nations whence they originate, soon as practicable. bilateral agreement between the United but also to greater international (1) For the purposes of this paragraph, States and Mali continue the import understanding of mankind’s common ‘‘compelling need’’ means: restrictions that were imposed on an heritage. The U.S. is, to date, the only major art importing country to (i) That a failure to obtain requested emergency basis in 1993. Accordingly, this document amends the Customs implement the 1970 Convention. records on an expedited basis could During the past several years, import reasonably be expected to pose an Regulations by removing Mali from the listing of countries for which emergency restrictions have been imposed on an imminent threat to the life or physical emergency basis on archaeological and safety of an individual; or actions imposed the import restrictions and adding Mali to the list of countries ethnological artifacts of a number of (ii) With respect to a request made by for which an agreement has been signatory nations as a result of requests a person primarily engaged in entered into for imposing import for protection received from those disseminating information, urgency to restrictions. nations as well as pursuant to bilateral inform the public concerning actual or agreements between the United States EFFECTIVE DATE: September 23, 1997. alleged Federal Government activity. and other countries. FOR FURTHER INFORMATION CONTACT: (2) A requester shall demonstrate a Mali has been one of the countries (Legal Aspects) Donnette Rimmer, compelling need by a statement certified whose archaeological material has been Intellectual Property Rights Branch by the requester to be true and correct afforded emergency protection. In T.D. (202) 482–6960; (Operational Aspects) to the best of such person’s knowledge 93–74, § 12.104g(b), Customs Joan E. Sebanaler, Trade Operations and belief. Regulations, (19 CFR § 12.104g(b)) was (202) 927–0402. (3) The procedures of this paragraph amended to reflect that archaeological (e) for expedited processing apply to SUPPLEMENTARY INFORMATION: material from the region of the Niger River Valley in Mali and the Bandiagara both requests for information and to Background administrative appeals. Escarpment (Cliff) in Mali forming part The value of cultural property, of the remains of the ancient sub-Sahara Dated: September 17, 1997. whether archaeological or ethnological culture received import protection Floyd Fithian, in nature, is immeasurable. Such items under the emergency protection Secretary, Farm Credit System Insurance often constitute the very essence of a provisions of the Act. Corporation Board. society and convey important Import restrictions are now being [FR Doc. 97–25237 Filed 9–22–97; 8:45 am] information concerning a people’s imposed on these same archaeological BILLING CODE 6710±01±P origin, history, and traditional setting. artifacts from Mali as the result of a Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations 49595 bilateral agreement entered into fingerbells; bronze pendants; carved 1. Anthropomorphic figures, often between the United States and Mali. wood anthropomorphic and zoomorphic incised, impressed and with added This agreement was entered into on figures; carved wood headrests; wood motifs, such as scarification marks September 19, 1997, pursuant to the bowls, spoons, hoes, axes, bows, arrows and serpentine patterns on their provisions of 19 U.S.C. 2602. Protection quivers, flutes, harps and drums; leather bodies, often depicting horsemen or of the archaeological material from the sandals, boots, knife-sheaths and plaited individuals sitting, squatting, region of the Niger River Valley in Mali bracelets; ritual and utilitarian pottery, kneeling, embracing, or in a and the Bandiagara Escarpment (Cliff) in three/four-footed ceramic bowls; textiles position of repose, arms elongated Mali previously reflected in § 12.104g(b) of cotton and wool that are the remnants the length of the body or crossed will be continued through the bilateral of tunics and coifs, blankets, skirts; over the chest, with the head tipped agreement without interruption. organic fiber from which belts were backwards. (H: 6–30 in.) Accordingly, § 12.104g(a) of the made; glass beads; stone (carnelian) 2. Zoomorphic figures, often depicting Customs Regulations is being amended beads; and stone (quartz) lip plugs. a snake motif on statuettes or on the to indicate that restrictions have been Sites belly of globular vases. Sometimes imposed pursuant to the agreement the serpent is coiled in an between the United States and Mali and Sites include, but are not limited to: independent form. A horse motif is the emergency import restrictions on Djenne and Guimbala of the Inland common, but is usually mounted. certain archaeological material from Niger Delta; Bougouni of the Upper Includes quadrupeds. (H: 6–30 in.) Mali is being removed from 12.104g(b) Valley of the Niger River; and the B. Common Vessels. as those restrictions are now Bandiagara Escarpment (Cliff); and are 1. Funerary jars, ocher in color, often encompassed in § 12.104g(a). recognized to be of high cultural stamped with chevrons. (H: 50 to 80 significance. These sites represent a cm.) Material and Sites Encompassed in continuum of civilizations from the Import Restrictions 2. Globular vases often stamped with Neolithic period to the colonial chevrons and serpentine forms. (H: In reaching the decision to occupation of the 18th century, and under 10 in.) recommend that negotiations for an lend an archaeological significance to 3. Bottles with a long neck and a belly agreement with Mali should be the region. that is either globular or undertaken to continue the imposition Designated List streamlined. Some have lids shaped of import restrictions on certain like a bird’s head. archaeological material from Mali, the The bilateral agreement between Mali 4. Ritual pottery of the Tellem culture, Deputy Director of the United States and the United States covers the decorated with a characteristic Information Agency made a material set forth in a Designated List of plaited roulette. determination that the cultural Archaeological Material from the Region a. Pot made on a convex mold built patrimony of Mali continues to be in of the Niger River Valley, Mali and the up by coiling. jeopardy from pillage of irreplaceable Bandiagara Escarpment (Cliff), Mali, b. Hemispherical pot made on three or materials representing Mali heritage and which is set forth below. Importation of four legs or feet resting on a stand. that the pillage is endemic and articles on this list is restricted unless (H: 18 cm.) substantially documented with respect the articles are accompanied by 5. Kitchen pottery of the Tellem to sites in the region of the Niger River documentation certifying that the culture with the paddle-and-anvil Valley and the Bandiagara Escarpment material left Mali legally and not in technique decorated with (Cliff) of Mali. The Deputy Director violation of the export laws of Mali. listed the following archaeological impressions from woven mats. (H: Archaeological Material From the material from the following sites as 20 cm.) Region of the Niger River Valley, Mali those that are in need of protection. II. Leather and the Bandiagara Escarpment (Cliff), Material Mali Objects of leather found in Tellem Archaeological material from sites in The following categories of material funerary caves of the Bandiagara the region of the Niger River Valley and are restricted from importation into the Escarpment include, but are not limited the Bandiagara Escarpment (Cliff), Mali, U.S. unless accompanied by a verifiable to: dating from approximately the Neolithic export certificate issued by the A. Clothing. period to approximately the 18th Government of Mali—archaeological 1. Sandals often decorated and century, identifiable by unique stylistic material from the Region of the Niger furnished with a leather ankle features, by medium, and where River Valley, Mali and the Bandiagara protection. possible, by historic and cultural Escarpment (Cliff), Mali, that includes, 2. Boots profusely painted with context. This archaeological material but is not limited to, the categories geometric designs. includes, but is not limited to: terra listed below. As this region is further 3. Plaited bracelets. cotta statues depicting anthropomorphic excavated, other types of material may 4. Knife-sheaths. and zoomorphic figures and terra cotta be found and added to an amended list. 5. Loinskin. common vessels; copper and copper The following list is representative only. 6. Bag. alloy materials, such as bronze, from Any dimensions are approximate. III. Metal which have been produced figurines and other objects such as pendants, I. Ceramics/Terra Cotta/Fired Clay Objects of metal from the region of the finger bells, bells and bracelets; iron Types of ceramic forms (stylistically Niger River Valley and the Bandiagara figures; and glass beads. Other known as Djenne-jeno or Jenne, Escarpment include the following archaeological material is identifiable as Bankoni, Guimbala, Bambara, Bougouni components: coming from the Tellem burial caves of and other stylistic labels) that are A. Copper and Copper Alloy (Such as the Bandiagara Escarpment (Cliff) and known to come from the region include, Bronze). includes, but is not limited to: iron but are not limited to: 1. Figures/Statues. headrests; rings; bracelets; hairpins; A. Figures/Statues. a. Anthropomorphic figures, 49596 Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations

including equestrian figures and vegetable fiber. Regulatory Flexibility Act kneeling figures. (Some are C. Wool. miniatures no taller than 2 inches; Blankets. Because no notice of proposed rulemaking is required, the provisions others range from 6 to 30 inches). VII. Wood b. Zoomorphic figures, such as the of the Regulatory Flexibility Act (5 bull and the snake. Objects of wood may be found U.S.C. 601 et seq.) do not apply. 2. Bells (4–5 in.) and finger bells (2– archaeologically (in funerary caves of Accordingly, this final rule is not 3 in.). the Tellem or Dogon peoples in the subject to the regulatory analysis or 3. Pendants, known to depict a bull’s Bandiagara Escarpment, for example). other requirements of 5 U.S.C. 603 and head or a snake. (H: 2–4 in.) Archaeological Material of Wood 604. 4. Bracelets, known to depict a snake Following are representative Executive Order 12866 (5–6 in.). examples of wood objects usually found This amendment does not meet the 5. Bracelets, known to be shaped as a archaeologically: head and antelope (3–4 in.). criteria of a ‘‘significant regulatory B. Iron. A. Figures/Statues. action’’ as described in E.O. 12866. 1. Anthropomorphic figures—usually 1. Figures/Statues. with abstract body and arms raised Drafting Information a. Anthropomorphic figures. (H: 5–30 standing on a platform, sometimes in.) kneeling. (H: 10–24 in.) The principal author of this document b. Zoomorphic figures, sometimes 2. Zoomorphic figures—depicting was Keith B. Rudich, Esq., Regulations representing a serpent. (H: 5–30 in.) horses and other animals. (H: 10–24 Branch, Office of Regulations and 2. Headrests of the Tellem culture. in.) Rulings, U.S. Customs Service. 3. Ring-bells or fingerbells of the B. Headrests. However, personnel from other offices Tellem culture. C. Household Utensils. participated in its development. 4. Bracelets and armlets of the Tellem 1. Bowls. culture. 2. Spoons—carved and decorated. List of Subjects in 19 CFR Part 12 5. Hairpins, twisted and voluted, of D. Agricultural/Hunting Implements. Customs duties and inspections, the Tellem culture. 1. Hoes and axes—with either a socketed or tanged shafting without Imports, Cultural property. IV. Stone iron blades. Amendment to the Regulations Objects of stone usually found in 2. Bows—with a notch and a hole at Tellem funerary caves of the Bandiagara one end and a hole at the other with Accordingly, Part 12 of the Customs Escarpment include, but are not limited twisted, untanned leather straps for Regulations (19 CFR part 12) is to: the ‘‘string’’. amended as set forth below: 3. Arrows, quivers. A. Carnelian beads (faceted). PART 12Ð[AMENDED] B. Quartz lip plugs. 4. Knife sheaths. E. Musical Instruments. V. Glass Beads 1. Flutes with end blown, bi-toned. 1. The general authority and specific 2. Harps. authority citation for part 12, in part, Glass beads have been recovered in 3. Drums. continue to read as follows: the Tellem funerary caves and in archaeological sites in the region of the Inapplicability of Notice and Delayed Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 Niger River Valley. Effective Date (General Note 20, Harmonized Tariff Schedule of the United States (HTSUS)), VI. Textiles Because the amendment to the 1624; Customs Regulations contained in this * * * * * Textile objects, or fragments thereof, document imposing import restrictions have been recovered in the Tellem on the above-listed Malian cultural Sections 12.104 through 12.104i also funerary caves of the Bandiagara property is being made in response to a issued under 19 U.S.C. 2612; Escarpment and include, but are not bilateral agreement entered into in * * * * * limited to: furtherance of the foreign affairs 2. In § 12.104g, paragraph (a) the list A. Cotton. interests of the United States, pursuant of agreements imposing import 1. Tunics. to section 553(a)(1) of the restrictions on described articles of 2. Coifs. Administrative Procedure Act, (5 U.S.C. cultural property of State Parties is 3. Blankets. 553(a)(1)), no notice of proposed amended by adding Mali in appropriate B. Vegetable Fiber. rulemaking or public procedure is alphabetical order as follows: Skirts, aprons and belts—made of necessary. For the same reason, a twisted and intricately plaited delayed effective date is not required. § 12.104g [Amended]

State Cultural property T.D. No.

******* Mali ...... Archaeological material from the Niger River Valley Region, T.D. 97±80 Mali, and the Bandiagara Escarpment (Cliff) forming part of the remains of the sub-Sahara culture..

******* Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations 49597

3. In § 12.104(g), paragraph (b), the list SUPPLEMENTARY INFORMATION: allows ‘‘major supplier marking’’ as an of emergency actions imposing import Background acceptable method of compliance for restrictions on described articles of marking of imported juice concentrate. cultural property of State parties is In accordance with 19 U.S.C. 1304, Major supplier marking permits amended by removing the entry for and 19 CFR Part 134, Customs ensures processors to list up to ten foreign ‘‘Mali’’ in its entirety. that imported fruit juice concentrate sources to account for 75 percent or entering the U.S. in large containers, Samuel H. Banks, more of imported concentrate. Customs e.g., tanker cars and multi-gallon drums, concluded from previous consultations Acting Commissioner of Customs. is properly marked to show country of with those in the juice industry that in Dated: September 12, 1997. origin. However, the country of origin the majority of circumstances, five or marking requirements set forth in this John P. Simpson, fewer sources will account for at least document are those pertaining to 75 percent of foreign concentrate Deputy Assistant Secretary of the Treasury. labeling that must appear on packages of present in a lot, and that in virtually all [FR Doc. 97–25342 Filed 9–19–97; 2:01 pm] concentrated or reconstituted fruit juice cases, ten or fewer sources will account BILLING CODE 4820±02±P containing imported concentrate that for 75 percent of the foreign concentrate. reach ultimate purchasers. The purpose If ten sources do not amount to 75 of this document is to remind the public percent of foreign concentrate, then all DEPARTMENT OF THE TREASURY of these requirements. foreign sources must be listed. For Customs Service Decision (C.S.D.) 85– purposes of complying with this Customs Service Treasury Decisions 47 (Headquarters Ruling Letter (HRL) requirement, ‘‘lot’’ is defined as it is in 728557, dated September 4, 1985) held Food and Drug Administration 19 CFR Part 134 that containers of orange juice in frozen regulations, 21 CFR 146.3(h)(1)(i), as concentrated or reconstituted forms ‘‘[a] collection of primary containers or [T.D. 97±79] which contain imported concentrate, units of the same size, type, and style must be marked on the labels with the manufactured or packed under similar Country of Origin Marking Guidance foreign country of origin of the conditions and handled as a single unit for Containers of Imported Fruit Juice products. This decision was based on of trade.’’ ‘‘Manufactured or packed Concentrate the determination that the imported under similar conditions’’ is defined, for foreign orange juice concentrate used in purposes of compliance with 19 U.S.C. AGENCY: U.S. Customs Service, the production of frozen concentrated or 1304, as all the containers or units Department of the Treasury. reconstituted orange juice is not containing the same blend of foreign substantially transformed after ACTION: Policy statement. concentrates. undergoing further processing in the The listing of foreign sources must U.S., including blending with other consist of the countries contributing the SUMMARY: The purpose of this document batches of orange concentrate, addition greatest percentages adding up to at is to remind the public of the existing of water, oils and essences, least 75 percent. For example, Customs Service’s interpretation of the pasteurization or freezing, and processors may not skip over an application of the country of origin repacking. Customs determined that the ‘‘undesirable’’ source contributing 10 marking law to imported fruit juice frozen concentrated or reconstituted percent in order to list the next two concentrate. Customs has previously orange juice did not emerge from the ‘‘unobjectionable’’ sources contributing published guidance on application of processing as a new article with a new five percent each. However, the order the marking law to imported juice name, character, and use. United States within the list need not change based on concentrate in Treasury Decision (T.D.) v. Gibson-Thomsen Co., 27 C.C.P.A. ranking. For example, if a processor is 89–66. In recognition of the fact that 267, (C.A.D. 98) (1940). blending foreign concentrates from two accounting for all minor foreign sources By a notice published in the Federal countries contributing 60 and 15 on the label may make compliance with Register on July 30, 1986 (51 FR 27195), percent, respectively, and the two the marking law prohibitively Customs announced that the country of countries reversed proportions, the expensive, fruit juice processors have origin marking requirements of orange same label could be used on both lots. been permitted to comply with marking juice set forth in C.S.D. 85–47, later In addition, Customs reminds the requirements by ‘‘major supplier upheld substantively in National Juice public that section 134.45, Customs marking.’’ Customs permits ‘‘major Products Association v. United States, Regulations (19 CFR 134.45), provides supplier marking’’ as an acceptable 10 Ct. Int’l Trade 48, 628 F. Supp. 978 that: method of compliance. Processors may (1986), were extended to include all Except as otherwise provided in * * * this list up to ten countries if they account other imported fruit juice concentrate section, the markings required by this part for at least 75 percent of foreign which undergoes processing in the U.S. shall include the full English name of the concentrate used. Additionally, the similar to that performed on orange country of origin, unless another marking to sources listed on a juice container must juice concentrate. Therefore, all frozen indicate the English name of the country of concentrated or reconstituted fruit origin is specifically authorized by the indicate the sources actually used in Commissioner of Customs * * *. that lot, not the sources used in a juices made with foreign concentrate representative past importing period. processed in a manner similar to that Only authorized abbreviations which The full name of the country of origin described in C.S.D. 85–47 must be unmistakably indicate the name of a must be used unless Customs has marked to indicate the country of origin country, such as ‘‘Gt. Britain’’ for ‘‘Great authorized abbreviations which of the foreign concentrate. This position Britain’’ or ‘‘Luxemb’’ and ‘‘Luxembg’’ unmistakably reflect the country of has been in effect since February 1, for ‘‘Luxembourg’’ are acceptable and variant spellings which clearly indicate origin to the ultimate purchaser. 1987. T.D. 86–120 (51 FR 23045 (June 25, 1986)). the English name of the country of FOR FURTHER INFORMATION CONTACT: Customs does not require ‘‘all sources origin, such as ‘‘Brasil’’ for ‘‘Brazil’’ and David Cohen, Special Classification and marking’’ on containers of juice made ‘‘Italie’’ for ‘‘Italy,’’ are acceptable. Marking Branch (202–482–6980). with imported concentrate. Customs Rulings may be obtained from the