Extension of Import Restrictions Imposed on Certain Archaeological Material From China, 2088-2093 [2014-00388]

Download as PDF 2088 Federal Register / Vol. 79, No. 8 / Monday, January 13, 2014 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 91, 121, and 125 [Docket No.: FAA–2013–0579; Amendment Nos. 91–329, 121–364 and 125–62] RIN 2120–AK27 Flight Data Recorder Airplane Parameter Specification Omissions and Corrections Federal Aviation Administration (FAA), DOT. ACTION: Final rule; disposition of comments. AGENCY: On December 31, 2012, the FAA published a final rule with a request for comments amending the operating regulations for flight data recorders by correcting errors in recording rates in three different appendices. These errors created requirements that could not be met by certain airplanes without extensive modification, which was not intended when the requirements were adopted. The corrected recording rates are as intended when the applicable flight data recorder parameter requirements were adopted, but which had been omitted from the then current publication of the regulatory text. DATES: January 13, 2014. ADDRESSES: You may review the public docket for this rulemaking (Docket No. FAA–2012–1333) at the Docket Management Facility in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, 20590–0001 between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also review the public docket on the Internet at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action contact Chris Parfitt, Flight Standards Service, Aircraft Maintenance Division–Avionics Maintenance Branch, AFS–360, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 385–6398; email chris.parfitt@faa.gov. For legal questions concerning this action contact Karen Petronis, International Law, Legislation and Regulations Division (AGC–200), Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267–3073, email Karen.Petronis@faa.gov. SUPPLEMENTARY INFORMATION: ehiers on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 13:45 Jan 10, 2014 Jkt 232001 Background The final rule amended three appendices in 14 CFR related to flight data recorder (FDR) requirements: • First, Appendix E to part 91 was amended to correct a typographical error introduced when the rule was published. For the altitude parameter, the sampling rate per second was listed as 11. The correct rate had always been 1 sample per second. • The second and third corrections concerned identical standards in Appendix M to part 121 and Appendix E to part 125. When footnote 5 was added in 1999 to each Appendix, the sampling interval was left off for certain airplanes. The correction put the sampling interval of once per second back in the footnote for the affected airplanes. None of these changes required action by airplane owners, operators or manufacturers as the affected airplanes already complied with the requirements of the originally adopted rules and the corrections adopted. Since these requirements were intended in the original rules, there was no new impact on safety. Discussion of Comments The FAA received no comments on the final rule. Conclusion Since no comments were submitted in response to the final rule, the FAA has determined that no revisions to the rule are warranted. Issued under authority of 49 U.S.C. 106(f) and 44701(a)(5) in Washington, DC. Lirio Liu, Director, Office of Rulemaking. [FR Doc. 2014–00383 Filed 1–10–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection DEPARTMENT OF THE TREASURY 19 CFR Part 12 [CBP Dec. 14–02] RIN 1515–AD99 Extension of Import Restrictions Imposed on Certain Archaeological Material From China U.S. Customs and Border Protection, Department of Homeland Security; Department of the Treasury. ACTION: Final rule. AGENCY: PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect the extension of import restrictions on certain archaeological material from the People’s Republic of China (China) and makes a technical change to the regulations to clarify that the restriction to monumental sculpture and wall art at least 250 years old should be calculated as of January 14, 2009, the date the Memorandum of Understanding (MOU) became effective. These restrictions, which were originally imposed by CBP Dec. 09–03, are due to expire on January 14, 2014, unless extended. The Assistant Secretary for Educational and Cultural Affairs, United States Department of State, has determined that conditions continue to warrant the imposition of import restrictions on the archaeological materials from China. Accordingly, the restrictions will remain in effect for an additional five years, and the CBP regulations are being amended to indicate this further extension through January 14, 2019. Additionally, the Designated List of cultural property described in CBP Dec. 09–03 is revised in this document to clarify that the agreement applies to monumental sculpture and wall art at least 250 years old as of January 14, 2009. These restrictions are being extended pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act in accordance with the 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. CBP Dec. 09–03 contains the Designated List of archaeological materials that describes the articles to which the restrictions apply. DATES: Effective Date: January 14, 2014. FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa Burley, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of International Trade, (202) 325–0215. For operational aspects, William R. Scopa, Chief, Partner Government Agencies Branch, Trade Policy and Programs, Office of International Trade, (202) 863–6554. SUPPLEMENTARY INFORMATION: SUMMARY: Background Pursuant to the provisions of the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention, codified into U.S. law as the Convention on Cultural Property E:\FR\FM\13JAR1.SGM 13JAR1 ehiers on DSK2VPTVN1PROD with RULES Federal Register / Vol. 79, No. 8 / Monday, January 13, 2014 / Rules and Regulations Implementation Act (Pub. L. 97–446, 19 U.S.C. 2601 et seq.) (hereafter, the ‘‘Cultural Property Implementation Act’’ or the ‘‘Act’’), signatory nations (State Parties) may enter into bilateral or multilateral agreements to impose import restrictions on eligible archaeological and ethnological materials under procedures and requirements prescribed by the Act. Under the Act and applicable CBP regulations (19 CFR 12.104g), the restrictions are effective for no more than five years beginning on the date on which the agreement enters into force with respect to the United States (19 U.S.C. 2602(b)). This period may be extended for additional periods, each such period not to exceed five years, where it is determined that the factors justifying the initial agreement still pertain and no cause for suspension of the agreement exists (19 U.S.C. 2602(e); 19 CFR 12.104g(a)). On January 14, 2009, the United States entered into a bilateral agreement with the People’s Republic of China (China), concerning the imposition of import restrictions on certain archaeological materials representing China’s cultural heritage from the Paleolithic Period (c. 75,000 B.C.) through the end of the Tang Period (A.D. 907) and monumental sculpture and wall art at least 250 years old. On January 16, 2009, CBP published CBP Dec. 09–03 in the Federal Register (74 FR 2838), which amended 19 CFR 12.104g(a) to reflect the imposition of these restrictions. Import restrictions listed in 19 CFR 12.104g(a) are effective for no more than five years beginning on the date on which the agreement enters into force with respect to the United States. This period can be extended for additional periods not to exceed five years if it is determined that the factors which justified the initial agreement still pertain and no cause for suspension of the agreement exists. (19 CFR 12.104g(a)). On April 1, 2013, by publication in the Federal Register (78 FR 19565), the United States Department of State proposed to extend the MOU between the U.S. and China concerning the imposition of import restrictions on archaeological material from the Paleolithic Period through the Tang Period and monumental sculpture and wall art at least 250 years old. On August 1, 2013, after reviewing the findings and recommendations of the Cultural Property Advisory Committee, the Assistant Secretary for Educational and Cultural Affairs, United States Department of State, concluding that the cultural heritage of China VerDate Mar<15>2010 13:45 Jan 10, 2014 Jkt 232001 continues to be in jeopardy from pillage of certain archaeological materials, made the necessary determination to extend the import restrictions for an additional five years. On January 8, 2014, diplomatic notes were exchanged reflecting the extension of the restrictions for an additional five-year period as described in this document. By request of China, and pursuant to the statutory and decision-making process, the Designated List of materials covered by the restrictions is being amended to clarify that the agreement applies to monumental sculpture and wall art that was at least 250 years old as of January 14, 2009, the date the MOU first entered into force. Thus, CBP is amending 19 CFR 12.104g(a) accordingly to reflect the extension of the import restrictions and the intention of the parties to cover monumental sculpture and wall art that was at least 250 years old as of January 14, 2009, through January 14, 2019, in accordance with the conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c. In this document, the Designated List of articles that was published in CBP Dec. 09–03 (see 74 FR 2838, dated January 16, 2009) is amended to clarify that the intentions of both parties is to include monumental sculpture and wall art that was at least 250 years old as of January 14, 2009. Designated List This Designated List, amended as set forth in this document, includes archaeological materials representing China’s cultural heritage from the Paleolithic Period (c. 75,000 B.C.) through the end of the Tang Period (A.D. 907) and monumental sculpture and wall art at least 250 years old as of January 14, 2009. The Designated List and additional information about the agreement may also be found at the following Internet Web site address: https://eca.state.gov/cultural-heritagecenter/international-cultural-propertyprotection/bilateral-agreements/china. Designated List of Archaeological Material of China Simplified Chronology Paleolithic period (c. 75,000–10,000 BC). Neolithic period (c. 10,000–2000 BC). Erlitou and other Early Bronze Age cultures (c. 2000–1600 BC). Shang Dynasty and other Bronze Age Cultures (c. 1600–1100 BC). Zhou Dynasty (c. 1100–256 BC). Qin Dynasty (221–206 BC). Han Dynasty (206 BC–AD 220). Three Kingdoms (AD 220–280). Jin Dynasty (AD 265–420). PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 2089 Southern and Northern Dynasties (AD 420–589). Sui Dynasty (AD 581–618). Tang Dynasty (AD 618–907). I. Ceramic The ceramic tradition in China extends back to at least the 6th millennium B.C. and encompasses a tremendous variety of shapes, pastes, and decorations. Chinese ceramics include earthenwares, stonewares and porcelains, and these may be unglazed, glazed, underglazed, painted, carved, impressed with designs, decorated with applied designs or a combination of all of these. Only the most distinctive are listed here. Vessels are the most numerous and varied types of ceramics. Ceramic sculptures include human, animal, mythic subjects, and models of scenes of daily life. Architectural elements include decorated bricks, baked clay tiles with different glaze colors, and acroteria (ridge pole decorations). A. Vessels 1. Neolithic Period Archaeological work over the past thirty years has identified numerous cultures of the Neolithic period from every part of China, all producing distinctive ceramics. Early Neolithic cultures (c. 7500–5000 BC) include such cultures as Pengtoushan (northern Hunan Province), Peiligang (Henan Province), Cishan (Hebei Province), Houli (Shandong Province), Xinglongwa (eastern Inner Mongolia and Liaoning Province), Dadiwan and Laoguantai (Gansu and Shaanxi Province), Xinle (Liaodong peninsula, Liaoning Province), among others. Examples of Middle Neolithic cultures (c. 5000–3000 BC) include Yangshao (Shaanxi, Shanxi, and Henan Provinces), Daxi (eastern Sichuan and western Hubei Provinces), Hemudu (lower Yangzi River valley, Zhejiang Province), Majiabang (Lake Tai/Taihu area to Hangzhou Bay, Zhejiang and southern Jiangsu Provinces), Hongshan (eastern Inner Mongolia, Liaoning, and northern Hebei Provinces), and Dawenkou (Shandong Province), among others. Later Neolithic cultures (c. 3500–2000 BC) include Liangzhu (lower Yangzi River Valley), Longshan (Shandong and Henan Provinces), Taosi (southern Shanxi Province), Qujialing (middle Yangzi River valley in Hubei and Hunan Provinces), Baodun (Chengdu Plain, Sichuan Province), Shijiahe (western Hubei Province), and Shixia (Guangdong Province), among many others. E:\FR\FM\13JAR1.SGM 13JAR1 2090 Federal Register / Vol. 79, No. 8 / Monday, January 13, 2014 / Rules and Regulations Neolithic vessels are sometimes inscribed with pictographs. When present, they are often single incised marks on vessels of the Neolithic period, and multiple incised marks (sometimes around the rim) on late Neolithic vessels. a. Yangshao: The ‘‘classic’’ form of Neolithic culture, c. 5000–3000 BC in Shanxi, Shaanxi, Gansu, Henan, and adjacent areas. Hand-made, red paste painted with black, sometimes white motifs, that are abstract and depict plants, animals, and humans. Forms include bulbous jars with lug handles, usually with a broad shoulder and narrow tapered base, bowls, open mouth vases, and flasks (usually undecorated) with two lug handles and a pointed base. b. Shandong Longshan: Vessels are wheel-made, black, very thin-walled, and highly polished, sometimes with open cut-out decoration. Forms include tall stemmed cups (dou), tripods (li and ding), cauldrons, flasks, and containers for water or other liquids. 2. Erlitou, Shang, and Zhou Vessels a. Vessels are mostly utilitarian gray paste cooking tripod basins, cooking and storage jars, wide mouth containers, pan circular dishes with flat base, and broad three legged version of pan. The latter also appear in fine gray and black pastes. The forms of these include the kettle with lid (he), tripod liquid heating vessel with pouring spout (jue), tripod cooking pot (ding), goblet or beaker (gu), tripod water heater without pouring spout (jia). b. Shang and Zhou: Vessels may be wheel-made or coiled. Vessels can be utilitarian gray paste cooking vessels, often cord-impressed, or more highly decorated types. Surfaces can be impressed and glazed yellow to brown to dark green. White porcelain-like vessels also occur. Forms include those of the Erlitou plus wide-mouth containers and variously shaped jars and serving vessels. 3. Qin Through Southern and Northern Vessels Most vessels are wheel-made. The main developments are in glazing. Earthenwares may have a lead-based shiny green glaze. Grey stonewares with an olive color are called Yue ware. ehiers on DSK2VPTVN1PROD with RULES 4. Sui and Tang Vessels Note: Most vessels are wheel-made. a. Sui: Pottery is plain or stamped. b. Tang: A three-color glazing technique is introduced for earthenwares (sancai). Green, yellow, brown, and sometimes blue glazes are VerDate Mar<15>2010 13:45 Jan 10, 2014 Jkt 232001 used together on the same vessel. For stoneware, the olive glaze remains typical. period. Types commonly encountered include ornaments, amulets, jewelry, weapons, insignia, and vessels. B. Sculpture 1. Ornaments and Jewelry a. Neolithic (Hongshan): Types are mostly hair cylinders or pendant ornamental animal forms such as turtles, fish-hawks, cicadas, and dragons. One common variety is the socalled ‘‘pigdragon’’ (zhulong), a circular ring form with a head having wrinkled snout (the ‘‘pig’’) and long dragon-like body. b. Neolithic (Liangzhu): Types include awl-shaped pendants, three-prong attachments, openwork crown-shapes, beads, birds, fishes, frogs. c. Neolithic (Shandong Longshan) and Erlitou: Ornaments for body and clothing such as stick pins and beads. d. Shang and Zhou: Earrings, necklaces, pectorals, hair stickpins, ornaments, sometimes in the shape of small animals, dragons, or other forms; belt buckles, and garment hooks. During the Zhou Dynasty, there appear elaborate pectorals made of jade links, and jade inlay on bronze. e. Qin, Han and Three Kingdoms: Pectoral ornaments and small-scale pendants continue to be produced. Types include pectoral slit earrings, large disks (bi), openwork disks (bi), openwork plaques showing a mythic bird (feng), and various types of rings. Entire burial suits of jade occur during the Han Dynasty. More frequently occurring are Han Dynasty belthooks, decorated with dragons, and garment hooks. 1. Neolithic: Occasional small figurines of animals or humans. From the Hongshan culture come human figures, some of which appear pregnant, and human faces ranging from small to life size, as well as life-size and larger fragments of human body parts (ears, belly, hands, and others). 2. Shang through Eastern Zhou: Ceramic models and molds for use in the piece-mold bronze casting process. Examples include frontal animal mask (taotie), birds, dragons, spirals, and other decorative motifs. 3. Eastern Zhou, Qin and Han: Figures are life-size or smaller. They are hand- and mold-made, and may be unpainted, painted, or glazed. Figures commonly represent warriors on foot or horseback, servants, acrobats, and others. Very large numbers date to the Han Dynasty. In some cases, the ceramic male and female figurines are anatomically accurate, nude, and lack arms (in these cases, the figures were originally clad in clothes and had wooden arms that have not been preserved). Other ceramic objects, originally combined to make scenes, take many forms including buildings, courtyards, ships, wells, and pig pens. 4. Tang: Figures depicting Chinese people, foreigners, and animals may be glazed or unglazed with added paint. Approximately 15 cm to 150 cm high. C. Architectural Decoration and Molds 1. Han: Bricks having a molded surface with geometric or figural design. These depict scenes of daily life, mythic and historical stories, gods, or demons. 2. Three Kingdoms through Tang: Bricks may be stamped or painted with the same kinds of scenes as in the Han Dynasty. 3. Han through Tang: Roof tiles may have a corded design. Eaves tiles with antefixes have Chinese characters or geometric designs. Glazed acroteria (ridge pole decorations) in owl tail shape. II. Stone A. Jade Ancient Chinese jade is, for the most part, the mineral nephrite. It should be noted, however, that many varieties of hard stone are sometimes called ‘‘jad’’ (yu) in Chinese. True nephrite jade can range in color from white to black, and from the familiar shades of green to almost any other color. Jade has been valued in China since the Neolithic PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 2. Weapons, Tools, and Insignia a. Neolithic (Liangzhu): Types include weapons such as broad-bladed axes (yue), long rectangular or trapezoidal blades (zhang), often with holes along the back (non-sharpened) edge for hafting; tools such as hoe, adze, knife blades. b. Neolithic (Shandong Longshan) and Erlitou: Broad axe (yue) and halberd or ‘‘dagger axe’’ (ge). c. Shang and Zhou: Broad axes (yue) and halberd (ge) may be attached to turquoise inlaid bronze shafts. d. Neolithic (Liangzhu) to Zhou: Tool types include hoe, adze, knife blades. e. Neolithic (Shandong Longshan) to Zhou: Insignia blades based on tool shapes such as long hoe, flat adze, and knife. 3. Ceremonial Paraphernalia Neolithic—Han: Types include flat circular disks (bi) with a cut-out central hole and prismatic cylindrical tubes (cong), usually square on the outside with a circular hole through its length, E:\FR\FM\13JAR1.SGM 13JAR1 Federal Register / Vol. 79, No. 8 / Monday, January 13, 2014 / Rules and Regulations often with surface carving that segments the outer surface into three or more registers. The cong tubes are often decorated with a motif on each corner of each register showing abstract pairs of eyes, animal and/or human faces. Cong tubes, while most closely linked with the Liangzhu culture, were widely distributed among the many late Neolithic cultures of China. 4. Vessels a. Shang through Han: Types include eared cups and other tableware. b. Qin through Tang: Tableware forms such as cups, saucers, bowls, vases, and inkstones. 5. Other Chimes from all eras may be rectangular or disk-shaped. B. Amber Amber is used for small ornaments from the Neolithic through Tang dynasties. C. Other Stone 1. Tools and Weapons a. Paleolithic and later eras: Chipped lithics from the Paleolithic and later eras including axes, blades, scrapers, arrowheads, and cores. b. Neolithic and later eras: Ground stone including hoes, sickles, spades, axes, adzes, pestles, and grinders. c. Erlitou through Zhou: As with jade, weapon types include blades, broad axes (yue), and halberds (ge). 2. Sculpture Stone becomes a medium for largescale images in the Qin and Han. It is put to many uses in tombs. It also plays a major role in representing personages associated with Buddhism, Daoism, and Confucianism. a. Sculpture in the round. ehiers on DSK2VPTVN1PROD with RULES Note: This section includes monumental sculpture at least 250 years old as of January 14, 2009. i. Shang: Sculpture includes humans, often kneeling with hands on knees, sometimes with highly decorated incised robes, owls, buffalo, and other animals. The Jinsha site near Chengdu, Sichuan, dating to the late Shang Dynasty, has yielded numerous examples of stone figurines in a kneeling position, with carefully depicted hair parted in the center, and with hands bound behind their back. ii. Han to Qing: The sculpture for tombs includes human figures such as warriors, court attendants, and foreigners. Animals include horse, tiger, pig, bull, sheep, elephant, and fish, among many others. VerDate Mar<15>2010 13:45 Jan 10, 2014 Jkt 232001 iii. The sculpture associated with Buddhism is usually made of limestone, sandstone, schist and white marble. These be covered with clay, plaster, and then painted. Figures commonly represented are the Buddha and disciples in different poses and garments. iv. The sculpture associated with Daoism is usually sandstone and limestone which may be covered and painted. Figures commonly represented are Laozi or a Daoist priest. v. The sculpture associated with Confucianism represents Confucius and his disciples. b. Relief Sculpture. i. Han: Relief sculpture is used for all elements of tombs including sarcophagi, tomb walls, and monumental towers. Images include hunting, banqueting, historical events, processions, scenes of daily life, fantastic creatures, and animals. ii. Tang: Tomb imagery now includes landscapes framed by vegetal motifs. c. Art of cave or grotto temples. Han—Qing: Note that this section includes monumental sculpture at least 250 years old as of January 14, 2009. These temples, mostly Buddhist, combine relief sculpture, sculpture in the round, and sometimes mural painting. The sculptures in the round may be stone or composites of stone, wood, and clay and are painted with bright colors. d. Stelae. Han—Qing: Note that this section includes monumental sculpture at least 250 years old as of January 14, 2009. Tall stone slabs set vertically, usually on a tortoise-shaped base and with a crown in the form of intertwining dragons. Stelae range in size from around 0.60m to 3m. Some include relief sculpture consisting of Buddhist imagery and inscription, and others are secular memorials with long memorial inscription on front and back faces. 3. Architectural Elements a. Erlitou through Zhou: Marble or other stone is used as a support for wooden columns and other architectural or furniture fixtures. b. Qing: Note that this section includes monumental sculpture at least 250 years old as of January 14, 2009. Sculpture is an integral part of Qing Dynasty architecture. Bridges, archways, columns, staircases and terraces throughout China are decorated with reliefs. Colored stones may be used, including small bright red, green, yellow and black ones. Statue bases are draped with imitations of embroidered cloths. Stone parapets are carved with PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 2091 small, elaborately adorned fabulous beasts. 4. Musical Instruments Neolithic through Han, and later: Chimestones, chipped and/or ground from limestone and other resonant rock. They may be highly polished, carved with images of animals or other motifs, and bear inscriptions in Chinese characters. They usually have a chipped or ground hole to facilitate suspension from a rack. III. Metal The most important metal in traditional Chinese culture is bronze (an alloy of copper, tin and lead), and it is used most frequently to cast vessels, weapons, and other military hardware. Iron artifacts are not as common, although iron was used beginning in the middle of the Zhou Dynasty to cast agricultural tool types, vessels, weapons and measuring utensils. As with ceramics, only the most distinctive are listed here. A. Bronze 1. Vessels Note: Almost any bronze vessel may have an inscription in archaic Chinese characters. a. Erlitou: Types include variations on pots for cooking, serving and eating food including such vessels as the cooking pot (ding), liquid heating vessel with open spout (jue), or with tubular spout (he), and water heater without spout (jia). b. Shang: Bronze vessels and implements include variations on the ceramic posts used for cooking, serving, and eating including but not limited to the tripod or quadripod cooking pot (ding), water container (hu), and goblet (gu). Animal-shaped vessels include the owl, mythic bird, tiger, ram, buffalo, deer, and occasionally elephant and rhinoceros. Most types are decorated with symbolic images of a frontal animal mask (taotie) flanked by mythical birds and dragons, or with simpler images of dragons or birds, profile cicadas, and geometric motifs, including a background ‘‘cloud and thunder’’ pattern of fine squared spirals. c. Zhou: Types include those of previous eras. Sets begin to be made with individual vessels having similar designs. Late innovations are made to surface treatment: Relief decorations of intertwined dragons and feline appendages; inlay with precious stones and gems; inlay with other metals such as gold and silver; gilding; pictorial narratives featuring fighting, feasting and rituals; and various geometric designs. E:\FR\FM\13JAR1.SGM 13JAR1 2092 Federal Register / Vol. 79, No. 8 / Monday, January 13, 2014 / Rules and Regulations d. Qin and Han: All vessel types and styles popularized of the immediately preceding era continue. ehiers on DSK2VPTVN1PROD with RULES 2. Sculpture a. Shang and other Bronze Age Cultures through Zhou: Wide variety of cast human and animal sculptures. Particularly distinctive are the bronze sculptures from the Sanxingdui Culture in Sichuan which include life-sized human heads (often with fantastic features and sometimes overlaid with gold leaf) and standing or kneeling figurines ranging in size from 5cm to more than 2 meters; tree-shaped assemblages; birds, dragons, and other real and fantastic animals. Bronze sculpture from Chu and related cultures include supports for drums and bell sets (often in the shape of guardian figures, fantastic animals, or intertwined snakes). b. Qin and Han: Decorative bronze types include statues of horses, lamps in the shape of female servants, screen supports in the shape of winged immortals, incense burners in the shape of mountains, mirrors, and inlaid cosmetic boxes. c. Buddhist: In the Han there first appear small portable images of Sakyamuni Buddha. During the next historical eras, such images proliferate and become more varied in terms of size and imagery. Most of these are freestanding, depicting such subjects as the historical Buddha Sakyamuni, Buddhas associated with paradises, Buddha’s disciples, and scenes from the Lotus Sutra. Gilt bronzes are made from the Han to Tang. 3. Coins a. Zhou Media of Exchange and Toolshaped Coins: Early media of exchange include bronze spades, bronze knives, and cowrie shells. During the 6th century BC, flat, simplified, and standardized cast bronze versions of spades appear and these constitute China’s first coins. Other coin shapes appear in bronze including knives and cowrie shells. These early coins may bear inscriptions. b. Later, tool-shaped coins began to be replaced by disc-shaped ones which are also cast in bronze and marked with inscriptions. These coins have a central round or square hole. c. Qin: In the reign of Qin Shi Huangdi (221–210 BC) the square-holed round coins become the norm. The new Qin coin is inscribed simply with its weight, expressed in two Chinese characters ban liang. These are written in small seal script and are placed symmetrically to the right and left of the central hole. VerDate Mar<15>2010 13:45 Jan 10, 2014 Jkt 232001 d. Han through Sui: Inscriptions become longer, and may indicate that inscribed object is a coin, its value in relation to other coins, or its size. Later, the period of issue, name of the mint, and numerals representing dates may also appear on obverse or reverse. A new script, clerical (lishu), comes into use in the Jin. e. Tang: The clerical script becomes the norm until 959, when coins with regular script (kaishu) also begin to be issued. 4. Musical Instruments a. Shang: Instruments include individual clapper-less bells (nao), singly and in sets. Barrel drums lay horizontally, have a saddle on top, and rest on four legs. b. Zhou through Tang: Bells and bell sets continue to be important. The bells vary considerably in size in shape. Other instruments include mouth organs (hulu sheng), gongs, cymbals, and a variety of types of drums, including drums (chunyu) and large ‘‘kettledrums’’ from south and southwest China. 5. Tools and Weapons Tools and implements of all eras include needles, spoons, ladles, lifting poles, axes, and knives. Weapons and military gear include the broad axe, dagger axe, knives, spear points, arrowheads, helmets, chariot fittings, combination of spear and dagger (ji), cross-bow, and horse frontlets. 6. Miscellaneous Other bronze items include but are not limited to mirrors, furniture parts, and utensils such belt buckles, garment hooks, weights, measuring implements, incense burners, lamps, spirit trees, tallies, seals, rings, bells, and cosmetic containers. B. Iron Iron is used for such utilitarian objects as axes, hammers, chisels, and spades. At the end of the Zhou, steel swords with multi-faceted metal inlay are produced. 1. Zhou through Han: Bimetallic weapons such as iron-bladed swords and knives with a bronze hilt. 2. Three Kingdoms through Sui: Small scale Buddhist images are cast. 3. Tang: Large scale castings include Buddhist statues, bells, lions, dragons, human figures, and pagodas. C. Gold and Silver During the Shang and Zhou Dynasties, gold is used to produce jewelry and a limited number of vessel types, and as gilding, gold leaf, or inlay PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 on bronze. Gold and silver become widely used in the Han Dynasty and remain so through the Tang Dynasty. Objects include vessels such as cups, ewers, jars, bowls; utensils such as lamps, containers, jewelry, liturgical wares, furniture parts; and Buddhist sculpture such as images of Buddha and reliquaries. IV. Bone, Ivory, Horn, and Shell Neolithic through Tang: The most important uses of these materials is for vessels, seals, small-scale sculptures, and personal ornaments. In the Neolithic period, Erlitou culture, and Shang Dynasty bone (bovine scapula and tortoise plastrons, or lower shells) is used for divination: A carefully prepared bone or shell was thinned by drilling series of holes almost through the bone, to which heat was applied to make the bone crack. In some cases from the Late Shang Dynasty, the bones carry inscriptions revealing the date and nature of the question asked and, occasionally, the outcome of the event. The cowrie shells used as money in the Shang Dynasty and later periods show signs of use. Worked shell imitations of cowries are also known. Ivory and horn are used to craft tableware utensils such as cups and containers as early as the Shang Dynasty; these are sometimes inlaid with turquoise or other stones. V. Silks and Textiles Neolithic through Tang: Silk worms are domesticated in China as early as the Neolithic. Silk cloth is preserved as garments and parts thereof, as a covering for furniture, and as painted or embroidered banners. Techniques ´ include flat weave, moire, damask, gauze, quilting, and embroidery. VI. Lacquer and Wood Neolithic through Tang: Lacquer is a transparent sap collected from the lac tree. When dissolved, it may be repeatedly applied to a wood or fabric form. The resulting product is sturdy and light. Lacquer vessels first appear in the Neolithic period, and become highly sophisticated and numerous by the middle Zhou through Han Dynasties. In the Sui and Tang Dynasties the practice is invented of creating a hard, thick surface of lacquer with the application of many thin layers. The resulting object may be carved and or inlaid before it hardens completely. Common colors for lacquer are red and black. Object types include: Vessels such as bowls, dishes, and goblets; military gear such shields and armor; musical instruments such as zithers (qin) and drums, related supports for drums and for bell sets; and E:\FR\FM\13JAR1.SGM 13JAR1 Federal Register / Vol. 79, No. 8 / Monday, January 13, 2014 / Rules and Regulations boxes and baskets with painted or carved lids. Wooden objects from this era are mainly preserved when painted with lacquer. These include architectural elements, utensils, coffins, musical instruments, and wood sculptures. List of Subjects in 19 CFR Part 12 Cultural property, Customs duties and inspection, Imports, Prohibited merchandise. Amendment to CBP Regulations VII. Bamboo and Paper Zhou through Tang: Types include texts on bamboo and wooden slips, and on paper. The slips may be found singly, or in groups numbering into the thousands. Some Buddhist sutras were printed with movable wooden type. 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 VIII. Glass Zhou through Tang: Glass types include mostly tablewares, such as cups, plates, saucers. 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; IX. Painting and Calligraphy * A. Wall Painting Note that this section includes wall art at least 250 years old as of January 14, 2009. The painted bricks of the Han through Tang tomb walls have already been mentioned. That tradition is partially concurrent with a fresco tradition that runs from the Han through Qing Dynasties. Temples including those in caves or grottos have wall paintings with Buddhist, Confucian, and Daoist themes. B. Other Painting Han through Tang: Paintings, dating to as early as the Southern and Northern, are on such media as banners, hand-scrolls, and fans. Subjects are drawn from Buddhism, Confucianism, and Daoism. Other subjects include landscapes and hunting scenes. 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 or a delayed effective date (5 U.S.C. 553(a)(1)). Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. ehiers on DSK2VPTVN1PROD with RULES Executive Order 12866 Because this rule involves a foreign affairs function of the United States, it is not subject to Executive Order 12866. This regulation is being issued in accordance with 19 CFR 0.1(a)(1). 13:45 Jan 10, 2014 * * * * Sections 12.104 through 12.104i also issued under 19 U.S.C. 2612; * * * * * 2. In § 12.104g, the table of the list of agreements imposing import restrictions on described articles of cultural property of State parties is amended in the entry for the People’s Republic of China in the column headed ‘‘Cultural Property’’ by adding the words ‘‘as of January 14, 2009’’ after the word ‘‘old’’; and in the column headed ‘‘Decision No.’’ by adding ‘‘extended by CBP Dec. 14–02’’ immediately after ‘‘CBP Dec. 09–03’’. ■ Thomas S. Winkowski, Acting Commissioner, U.S. Customs and Border Protection. Approved: January 8, 2014. Timothy E. Skud, Deputy Assistant Secretary of the Treasury. [FR Doc. 2014–00388 Filed 1–10–14; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 14 [Docket No. FDA–2013–N–1687] Advisory Committee; Pharmacy Compounding Advisory Committee AGENCY: Food and Drug Administration, HHS. ACTION: Final rule. The Food and Drug Administration (FDA) is amending its regulations to update information regarding the Pharmacy Compounding SUMMARY: Signing Authority VerDate Mar<15>2010 1. The general authority citation for part 12 and the specific authority citation for § 12.104g continue to read as follows: ■ Jkt 232001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 2093 Advisory Committee in FDA’s Center for Drug Evaluation and Research in the Agency’s list of standing advisory committees. This updated information regarding the Committee includes changes to its charter to reflect the recent enactment of the Drug Quality and Security Act. DATES: This rule is effective January 13, 2014. FOR FURTHER INFORMATION CONTACT: Jayne E. Peterson, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993–0002, 301– 796–9001, FAX 301–847–8533, email: PCAC@fda.hhs.gov. SUPPLEMENTARY INFORMATION: FDA announced the original establishment of the Pharmacy Compounding Advisory Committee (the Committee) and amended the regulations at § 14.100 (21 CFR 14.100) to add the Committee to the Agency’s standing list of advisory committees in the Federal Register of March 10, 1998 (63 FR 11596). The Committee was established under authorities that included the Federal Advisory Committee Act (Pub. L. 92– 463), section 1004 of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 394), and section 503A of the FD&C Act (21 U.S.C. 353a), as enacted as part of the Food and Drug Administration Modernization Act of 1997 (FDAMA) (Pub. L. 105–115), which exempted drugs compounded by pharmacies from the FD&C Act’s new drug approval, adequate directions for use, and good manufacturing practice requirements if specified conditions, including two restrictions on commercial speech, were met. Section 503A of the FD&C Act as added by FDAMA also required the Agency to convene and consult with an advisory committee on compounding before issuing specified regulations. In 2002, FDA terminated the Committee in response to the Supreme Court’s decision in Thompson, et al. v. Western States Medical Center Pharmacy, et al. (535 U.S. 357 (2002)). That decision affirmed a decision of the U.S. Court of Appeals for the Ninth Circuit that held the speech related provisions of section 503A of the FD&C Act, as added by FDAMA, were unconstitutional. The Supreme Court held that the speech related restrictions in section 503A of the FD&C Act violated the First Amendment. The Ninth Circuit had also concluded that the unconstitutional speech restriction could not be severed from the other provisions of section 503A of the FD&C Act. The Supreme Court did not reach E:\FR\FM\13JAR1.SGM 13JAR1

Agencies

[Federal Register Volume 79, Number 8 (Monday, January 13, 2014)]
[Rules and Regulations]
[Pages 2088-2093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00388]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 14-02]
RIN 1515-AD99


Extension of Import Restrictions Imposed on Certain 
Archaeological Material From China

Agency: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect the extension of import restrictions on 
certain archaeological material from the People's Republic of China 
(China) and makes a technical change to the regulations to clarify that 
the restriction to monumental sculpture and wall art at least 250 years 
old should be calculated as of January 14, 2009, the date the 
Memorandum of Understanding (MOU) became effective. These restrictions, 
which were originally imposed by CBP Dec. 09-03, are due to expire on 
January 14, 2014, unless extended.
    The Assistant Secretary for Educational and Cultural Affairs, 
United States Department of State, has determined that conditions 
continue to warrant the imposition of import restrictions on the 
archaeological materials from China. Accordingly, the restrictions will 
remain in effect for an additional five years, and the CBP regulations 
are being amended to indicate this further extension through January 
14, 2019. Additionally, the Designated List of cultural property 
described in CBP Dec. 09-03 is revised in this document to clarify that 
the agreement applies to monumental sculpture and wall art at least 250 
years old as of January 14, 2009. These restrictions are being extended 
pursuant to determinations of the United States Department of State 
made under the terms of the Convention on Cultural Property 
Implementation Act in accordance with the 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. CBP Dec. 09-03 contains the 
Designated List of archaeological materials that describes the articles 
to which the restrictions apply.

DATES: Effective Date: January 14, 2014.

FOR FURTHER INFORMATION CONTACT: For legal aspects, Lisa Burley, Chief, 
Cargo Security, Carriers and Restricted Merchandise Branch, Regulations 
and Rulings, Office of International Trade, (202) 325-0215. For 
operational aspects, William R. Scopa, Chief, Partner Government 
Agencies Branch, Trade Policy and Programs, Office of International 
Trade, (202) 863-6554.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to the provisions of the 1970 United Nations Educational, 
Scientific and Cultural Organization (UNESCO) Convention, codified into 
U.S. law as the Convention on Cultural Property

[[Page 2089]]

Implementation Act (Pub. L. 97-446, 19 U.S.C. 2601 et seq.) (hereafter, 
the ``Cultural Property Implementation Act'' or the ``Act''), signatory 
nations (State Parties) may enter into bilateral or multilateral 
agreements to impose import restrictions on eligible archaeological and 
ethnological materials under procedures and requirements prescribed by 
the Act. Under the Act and applicable CBP regulations (19 CFR 12.104g), 
the restrictions are effective for no more than five years beginning on 
the date on which the agreement enters into force with respect to the 
United States (19 U.S.C. 2602(b)). This period may be extended for 
additional periods, each such period not to exceed five years, where it 
is determined that the factors justifying the initial agreement still 
pertain and no cause for suspension of the agreement exists (19 U.S.C. 
2602(e); 19 CFR 12.104g(a)).
    On January 14, 2009, the United States entered into a bilateral 
agreement with the People's Republic of China (China), concerning the 
imposition of import restrictions on certain archaeological materials 
representing China's cultural heritage from the Paleolithic Period (c. 
75,000 B.C.) through the end of the Tang Period (A.D. 907) and 
monumental sculpture and wall art at least 250 years old. On January 
16, 2009, CBP published CBP Dec. 09-03 in the Federal Register (74 FR 
2838), which amended 19 CFR 12.104g(a) to reflect the imposition of 
these restrictions.
    Import restrictions listed in 19 CFR 12.104g(a) are effective for 
no more than five years beginning on the date on which the agreement 
enters into force with respect to the United States. This period can be 
extended for additional periods not to exceed five years if it is 
determined that the factors which justified the initial agreement still 
pertain and no cause for suspension of the agreement exists. (19 CFR 
12.104g(a)).
    On April 1, 2013, by publication in the Federal Register (78 FR 
19565), the United States Department of State proposed to extend the 
MOU between the U.S. and China concerning the imposition of import 
restrictions on archaeological material from the Paleolithic Period 
through the Tang Period and monumental sculpture and wall art at least 
250 years old.
    On August 1, 2013, after reviewing the findings and recommendations 
of the Cultural Property Advisory Committee, the Assistant Secretary 
for Educational and Cultural Affairs, United States Department of 
State, concluding that the cultural heritage of China continues to be 
in jeopardy from pillage of certain archaeological materials, made the 
necessary determination to extend the import restrictions for an 
additional five years. On January 8, 2014, diplomatic notes were 
exchanged reflecting the extension of the restrictions for an 
additional five-year period as described in this document.
    By request of China, and pursuant to the statutory and decision-
making process, the Designated List of materials covered by the 
restrictions is being amended to clarify that the agreement applies to 
monumental sculpture and wall art that was at least 250 years old as of 
January 14, 2009, the date the MOU first entered into force. Thus, CBP 
is amending 19 CFR 12.104g(a) accordingly to reflect the extension of 
the import restrictions and the intention of the parties to cover 
monumental sculpture and wall art that was at least 250 years old as of 
January 14, 2009, through January 14, 2019, in accordance with the 
conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c.
    In this document, the Designated List of articles that was 
published in CBP Dec. 09-03 (see 74 FR 2838, dated January 16, 2009) is 
amended to clarify that the intentions of both parties is to include 
monumental sculpture and wall art that was at least 250 years old as of 
January 14, 2009.

Designated List

    This Designated List, amended as set forth in this document, 
includes archaeological materials representing China's cultural 
heritage from the Paleolithic Period (c. 75,000 B.C.) through the end 
of the Tang Period (A.D. 907) and monumental sculpture and wall art at 
least 250 years old as of January 14, 2009. The Designated List and 
additional information about the agreement may also be found at the 
following Internet Web site address: https://eca.state.gov/cultural-heritage-center/international-cultural-property-protection/bilateral-agreements/china.

Designated List of Archaeological Material of China

Simplified Chronology

Paleolithic period (c. 75,000-10,000 BC).
Neolithic period (c. 10,000-2000 BC).
Erlitou and other Early Bronze Age cultures (c. 2000-1600 BC).
Shang Dynasty and other Bronze Age Cultures (c. 1600-1100 BC).
Zhou Dynasty (c. 1100-256 BC).
Qin Dynasty (221-206 BC).
Han Dynasty (206 BC-AD 220).
Three Kingdoms (AD 220-280).
Jin Dynasty (AD 265-420).
Southern and Northern Dynasties (AD 420-589).
Sui Dynasty (AD 581-618).
Tang Dynasty (AD 618-907).

I. Ceramic

    The ceramic tradition in China extends back to at least the 6th 
millennium B.C. and encompasses a tremendous variety of shapes, pastes, 
and decorations. Chinese ceramics include earthenwares, stonewares and 
porcelains, and these may be unglazed, glazed, underglazed, painted, 
carved, impressed with designs, decorated with applied designs or a 
combination of all of these. Only the most distinctive are listed here. 
Vessels are the most numerous and varied types of ceramics. Ceramic 
sculptures include human, animal, mythic subjects, and models of scenes 
of daily life. Architectural elements include decorated bricks, baked 
clay tiles with different glaze colors, and acroteria (ridge pole 
decorations).

A. Vessels

1. Neolithic Period
    Archaeological work over the past thirty years has identified 
numerous cultures of the Neolithic period from every part of China, all 
producing distinctive ceramics. Early Neolithic cultures (c. 7500-5000 
BC) include such cultures as Pengtoushan (northern Hunan Province), 
Peiligang (Henan Province), Cishan (Hebei Province), Houli (Shandong 
Province), Xinglongwa (eastern Inner Mongolia and Liaoning Province), 
Dadiwan and Laoguantai (Gansu and Shaanxi Province), Xinle (Liaodong 
peninsula, Liaoning Province), among others. Examples of Middle 
Neolithic cultures (c. 5000-3000 BC) include Yangshao (Shaanxi, Shanxi, 
and Henan Provinces), Daxi (eastern Sichuan and western Hubei 
Provinces), Hemudu (lower Yangzi River valley, Zhejiang Province), 
Majiabang (Lake Tai/Taihu area to Hangzhou Bay, Zhejiang and southern 
Jiangsu Provinces), Hongshan (eastern Inner Mongolia, Liaoning, and 
northern Hebei Provinces), and Dawenkou (Shandong Province), among 
others. Later Neolithic cultures (c. 3500-2000 BC) include Liangzhu 
(lower Yangzi River Valley), Longshan (Shandong and Henan Provinces), 
Taosi (southern Shanxi Province), Qujialing (middle Yangzi River valley 
in Hubei and Hunan Provinces), Baodun (Chengdu Plain, Sichuan 
Province), Shijiahe (western Hubei Province), and Shixia (Guangdong 
Province), among many others.

[[Page 2090]]

    Neolithic vessels are sometimes inscribed with pictographs. When 
present, they are often single incised marks on vessels of the 
Neolithic period, and multiple incised marks (sometimes around the rim) 
on late Neolithic vessels.
    a. Yangshao: The ``classic'' form of Neolithic culture, c. 5000-
3000 BC in Shanxi, Shaanxi, Gansu, Henan, and adjacent areas. Hand-
made, red paste painted with black, sometimes white motifs, that are 
abstract and depict plants, animals, and humans. Forms include bulbous 
jars with lug handles, usually with a broad shoulder and narrow tapered 
base, bowls, open mouth vases, and flasks (usually undecorated) with 
two lug handles and a pointed base.
    b. Shandong Longshan: Vessels are wheel-made, black, very thin-
walled, and highly polished, sometimes with open cut-out decoration. 
Forms include tall stemmed cups (dou), tripods (li and ding), 
cauldrons, flasks, and containers for water or other liquids.
2. Erlitou, Shang, and Zhou Vessels
    a. Vessels are mostly utilitarian gray paste cooking tripod basins, 
cooking and storage jars, wide mouth containers, pan circular dishes 
with flat base, and broad three legged version of pan. The latter also 
appear in fine gray and black pastes. The forms of these include the 
kettle with lid (he), tripod liquid heating vessel with pouring spout 
(jue), tripod cooking pot (ding), goblet or beaker (gu), tripod water 
heater without pouring spout (jia).
    b. Shang and Zhou: Vessels may be wheel-made or coiled. Vessels can 
be utilitarian gray paste cooking vessels, often cord-impressed, or 
more highly decorated types. Surfaces can be impressed and glazed 
yellow to brown to dark green. White porcelain-like vessels also occur. 
Forms include those of the Erlitou plus wide-mouth containers and 
variously shaped jars and serving vessels.
3. Qin Through Southern and Northern Vessels
    Most vessels are wheel-made. The main developments are in glazing. 
Earthenwares may have a lead-based shiny green glaze. Grey stonewares 
with an olive color are called Yue ware.
4. Sui and Tang Vessels

    Note: Most vessels are wheel-made.

    a. Sui: Pottery is plain or stamped.
    b. Tang: A three-color glazing technique is introduced for 
earthenwares (sancai). Green, yellow, brown, and sometimes blue glazes 
are used together on the same vessel. For stoneware, the olive glaze 
remains typical.

B. Sculpture

    1. Neolithic: Occasional small figurines of animals or humans. From 
the Hongshan culture come human figures, some of which appear pregnant, 
and human faces ranging from small to life size, as well as life-size 
and larger fragments of human body parts (ears, belly, hands, and 
others).
    2. Shang through Eastern Zhou: Ceramic models and molds for use in 
the piece-mold bronze casting process. Examples include frontal animal 
mask (taotie), birds, dragons, spirals, and other decorative motifs.
    3. Eastern Zhou, Qin and Han: Figures are life-size or smaller. 
They are hand- and mold-made, and may be unpainted, painted, or glazed. 
Figures commonly represent warriors on foot or horseback, servants, 
acrobats, and others. Very large numbers date to the Han Dynasty. In 
some cases, the ceramic male and female figurines are anatomically 
accurate, nude, and lack arms (in these cases, the figures were 
originally clad in clothes and had wooden arms that have not been 
preserved). Other ceramic objects, originally combined to make scenes, 
take many forms including buildings, courtyards, ships, wells, and pig 
pens.
    4. Tang: Figures depicting Chinese people, foreigners, and animals 
may be glazed or unglazed with added paint. Approximately 15 cm to 150 
cm high.

C. Architectural Decoration and Molds

    1. Han: Bricks having a molded surface with geometric or figural 
design. These depict scenes of daily life, mythic and historical 
stories, gods, or demons.
    2. Three Kingdoms through Tang: Bricks may be stamped or painted 
with the same kinds of scenes as in the Han Dynasty.
    3. Han through Tang: Roof tiles may have a corded design. Eaves 
tiles with antefixes have Chinese characters or geometric designs. 
Glazed acroteria (ridge pole decorations) in owl tail shape.

II. Stone

A. Jade

    Ancient Chinese jade is, for the most part, the mineral nephrite. 
It should be noted, however, that many varieties of hard stone are 
sometimes called ``jad'' (yu) in Chinese. True nephrite jade can range 
in color from white to black, and from the familiar shades of green to 
almost any other color. Jade has been valued in China since the 
Neolithic period. Types commonly encountered include ornaments, 
amulets, jewelry, weapons, insignia, and vessels.
1. Ornaments and Jewelry
    a. Neolithic (Hongshan): Types are mostly hair cylinders or pendant 
ornamental animal forms such as turtles, fish-hawks, cicadas, and 
dragons. One common variety is the so-called ``pigdragon'' (zhulong), a 
circular ring form with a head having wrinkled snout (the ``pig'') and 
long dragon-like body.
    b. Neolithic (Liangzhu): Types include awl-shaped pendants, three-
prong attachments, openwork crown-shapes, beads, birds, fishes, frogs.
    c. Neolithic (Shandong Longshan) and Erlitou: Ornaments for body 
and clothing such as stick pins and beads.
    d. Shang and Zhou: Earrings, necklaces, pectorals, hair stickpins, 
ornaments, sometimes in the shape of small animals, dragons, or other 
forms; belt buckles, and garment hooks. During the Zhou Dynasty, there 
appear elaborate pectorals made of jade links, and jade inlay on 
bronze.
    e. Qin, Han and Three Kingdoms: Pectoral ornaments and small-scale 
pendants continue to be produced. Types include pectoral slit earrings, 
large disks (bi), openwork disks (bi), openwork plaques showing a 
mythic bird (feng), and various types of rings. Entire burial suits of 
jade occur during the Han Dynasty. More frequently occurring are Han 
Dynasty belthooks, decorated with dragons, and garment hooks.
2. Weapons, Tools, and Insignia
    a. Neolithic (Liangzhu): Types include weapons such as broad-bladed 
axes (yue), long rectangular or trapezoidal blades (zhang), often with 
holes along the back (non-sharpened) edge for hafting; tools such as 
hoe, adze, knife blades.
    b. Neolithic (Shandong Longshan) and Erlitou: Broad axe (yue) and 
halberd or ``dagger axe'' (ge).
    c. Shang and Zhou: Broad axes (yue) and halberd (ge) may be 
attached to turquoise inlaid bronze shafts.
    d. Neolithic (Liangzhu) to Zhou: Tool types include hoe, adze, 
knife blades.
    e. Neolithic (Shandong Longshan) to Zhou: Insignia blades based on 
tool shapes such as long hoe, flat adze, and knife.
3. Ceremonial Paraphernalia
    Neolithic--Han: Types include flat circular disks (bi) with a cut-
out central hole and prismatic cylindrical tubes (cong), usually square 
on the outside with a circular hole through its length,

[[Page 2091]]

often with surface carving that segments the outer surface into three 
or more registers. The cong tubes are often decorated with a motif on 
each corner of each register showing abstract pairs of eyes, animal 
and/or human faces. Cong tubes, while most closely linked with the 
Liangzhu culture, were widely distributed among the many late Neolithic 
cultures of China.
4. Vessels
    a. Shang through Han: Types include eared cups and other tableware.
    b. Qin through Tang: Tableware forms such as cups, saucers, bowls, 
vases, and inkstones.
5. Other
    Chimes from all eras may be rectangular or disk-shaped.

B. Amber

    Amber is used for small ornaments from the Neolithic through Tang 
dynasties.

C. Other Stone

1. Tools and Weapons
    a. Paleolithic and later eras: Chipped lithics from the Paleolithic 
and later eras including axes, blades, scrapers, arrowheads, and cores.
    b. Neolithic and later eras: Ground stone including hoes, sickles, 
spades, axes, adzes, pestles, and grinders.
    c. Erlitou through Zhou: As with jade, weapon types include blades, 
broad axes (yue), and halberds (ge).
2. Sculpture
    Stone becomes a medium for large-scale images in the Qin and Han. 
It is put to many uses in tombs. It also plays a major role in 
representing personages associated with Buddhism, Daoism, and 
Confucianism.
    a. Sculpture in the round.

    Note: This section includes monumental sculpture at least 250 
years old as of January 14, 2009.

    i. Shang: Sculpture includes humans, often kneeling with hands on 
knees, sometimes with highly decorated incised robes, owls, buffalo, 
and other animals. The Jinsha site near Chengdu, Sichuan, dating to the 
late Shang Dynasty, has yielded numerous examples of stone figurines in 
a kneeling position, with carefully depicted hair parted in the center, 
and with hands bound behind their back.
    ii. Han to Qing: The sculpture for tombs includes human figures 
such as warriors, court attendants, and foreigners. Animals include 
horse, tiger, pig, bull, sheep, elephant, and fish, among many others.
    iii. The sculpture associated with Buddhism is usually made of 
limestone, sandstone, schist and white marble. These be covered with 
clay, plaster, and then painted. Figures commonly represented are the 
Buddha and disciples in different poses and garments.
    iv. The sculpture associated with Daoism is usually sandstone and 
limestone which may be covered and painted. Figures commonly 
represented are Laozi or a Daoist priest.
    v. The sculpture associated with Confucianism represents Confucius 
and his disciples.
    b. Relief Sculpture.
    i. Han: Relief sculpture is used for all elements of tombs 
including sarcophagi, tomb walls, and monumental towers. Images include 
hunting, banqueting, historical events, processions, scenes of daily 
life, fantastic creatures, and animals.
    ii. Tang: Tomb imagery now includes landscapes framed by vegetal 
motifs.
    c. Art of cave or grotto temples.
    Han--Qing: Note that this section includes monumental sculpture at 
least 250 years old as of January 14, 2009. These temples, mostly 
Buddhist, combine relief sculpture, sculpture in the round, and 
sometimes mural painting. The sculptures in the round may be stone or 
composites of stone, wood, and clay and are painted with bright colors.
    d. Stelae.
    Han--Qing: Note that this section includes monumental sculpture at 
least 250 years old as of January 14, 2009. Tall stone slabs set 
vertically, usually on a tortoise-shaped base and with a crown in the 
form of intertwining dragons. Stelae range in size from around 0.60m to 
3m. Some include relief sculpture consisting of Buddhist imagery and 
inscription, and others are secular memorials with long memorial 
inscription on front and back faces.
3. Architectural Elements
    a. Erlitou through Zhou: Marble or other stone is used as a support 
for wooden columns and other architectural or furniture fixtures.
    b. Qing: Note that this section includes monumental sculpture at 
least 250 years old as of January 14, 2009. Sculpture is an integral 
part of Qing Dynasty architecture. Bridges, archways, columns, 
staircases and terraces throughout China are decorated with reliefs. 
Colored stones may be used, including small bright red, green, yellow 
and black ones. Statue bases are draped with imitations of embroidered 
cloths. Stone parapets are carved with small, elaborately adorned 
fabulous beasts.
4. Musical Instruments
    Neolithic through Han, and later: Chimestones, chipped and/or 
ground from limestone and other resonant rock. They may be highly 
polished, carved with images of animals or other motifs, and bear 
inscriptions in Chinese characters. They usually have a chipped or 
ground hole to facilitate suspension from a rack.

III. Metal

    The most important metal in traditional Chinese culture is bronze 
(an alloy of copper, tin and lead), and it is used most frequently to 
cast vessels, weapons, and other military hardware. Iron artifacts are 
not as common, although iron was used beginning in the middle of the 
Zhou Dynasty to cast agricultural tool types, vessels, weapons and 
measuring utensils. As with ceramics, only the most distinctive are 
listed here.

A. Bronze

1. Vessels

    Note:  Almost any bronze vessel may have an inscription in 
archaic Chinese characters.

    a. Erlitou: Types include variations on pots for cooking, serving 
and eating food including such vessels as the cooking pot (ding), 
liquid heating vessel with open spout (jue), or with tubular spout 
(he), and water heater without spout (jia).
    b. Shang: Bronze vessels and implements include variations on the 
ceramic posts used for cooking, serving, and eating including but not 
limited to the tripod or quadripod cooking pot (ding), water container 
(hu), and goblet (gu). Animal-shaped vessels include the owl, mythic 
bird, tiger, ram, buffalo, deer, and occasionally elephant and 
rhinoceros. Most types are decorated with symbolic images of a frontal 
animal mask (taotie) flanked by mythical birds and dragons, or with 
simpler images of dragons or birds, profile cicadas, and geometric 
motifs, including a background ``cloud and thunder'' pattern of fine 
squared spirals.
    c. Zhou: Types include those of previous eras. Sets begin to be 
made with individual vessels having similar designs. Late innovations 
are made to surface treatment: Relief decorations of intertwined 
dragons and feline appendages; inlay with precious stones and gems; 
inlay with other metals such as gold and silver; gilding; pictorial 
narratives featuring fighting, feasting and rituals; and various 
geometric designs.

[[Page 2092]]

    d. Qin and Han: All vessel types and styles popularized of the 
immediately preceding era continue.
2. Sculpture
    a. Shang and other Bronze Age Cultures through Zhou: Wide variety 
of cast human and animal sculptures. Particularly distinctive are the 
bronze sculptures from the Sanxingdui Culture in Sichuan which include 
life-sized human heads (often with fantastic features and sometimes 
overlaid with gold leaf) and standing or kneeling figurines ranging in 
size from 5cm to more than 2 meters; tree-shaped assemblages; birds, 
dragons, and other real and fantastic animals. Bronze sculpture from 
Chu and related cultures include supports for drums and bell sets 
(often in the shape of guardian figures, fantastic animals, or 
intertwined snakes).
    b. Qin and Han: Decorative bronze types include statues of horses, 
lamps in the shape of female servants, screen supports in the shape of 
winged immortals, incense burners in the shape of mountains, mirrors, 
and inlaid cosmetic boxes.
    c. Buddhist: In the Han there first appear small portable images of 
Sakyamuni Buddha. During the next historical eras, such images 
proliferate and become more varied in terms of size and imagery. Most 
of these are free-standing, depicting such subjects as the historical 
Buddha Sakyamuni, Buddhas associated with paradises, Buddha's 
disciples, and scenes from the Lotus Sutra. Gilt bronzes are made from 
the Han to Tang.
3. Coins
    a. Zhou Media of Exchange and Tool-shaped Coins: Early media of 
exchange include bronze spades, bronze knives, and cowrie shells. 
During the 6th century BC, flat, simplified, and standardized cast 
bronze versions of spades appear and these constitute China's first 
coins. Other coin shapes appear in bronze including knives and cowrie 
shells. These early coins may bear inscriptions.
    b. Later, tool-shaped coins began to be replaced by disc-shaped 
ones which are also cast in bronze and marked with inscriptions. These 
coins have a central round or square hole.
    c. Qin: In the reign of Qin Shi Huangdi (221-210 BC) the square-
holed round coins become the norm. The new Qin coin is inscribed simply 
with its weight, expressed in two Chinese characters ban liang. These 
are written in small seal script and are placed symmetrically to the 
right and left of the central hole.
    d. Han through Sui: Inscriptions become longer, and may indicate 
that inscribed object is a coin, its value in relation to other coins, 
or its size. Later, the period of issue, name of the mint, and numerals 
representing dates may also appear on obverse or reverse. A new script, 
clerical (lishu), comes into use in the Jin.
    e. Tang: The clerical script becomes the norm until 959, when coins 
with regular script (kaishu) also begin to be issued.
4. Musical Instruments
    a. Shang: Instruments include individual clapper-less bells (nao), 
singly and in sets. Barrel drums lay horizontally, have a saddle on 
top, and rest on four legs.
    b. Zhou through Tang: Bells and bell sets continue to be important. 
The bells vary considerably in size in shape. Other instruments include 
mouth organs (hulu sheng), gongs, cymbals, and a variety of types of 
drums, including drums (chunyu) and large ``kettledrums'' from south 
and southwest China.
5. Tools and Weapons
    Tools and implements of all eras include needles, spoons, ladles, 
lifting poles, axes, and knives. Weapons and military gear include the 
broad axe, dagger axe, knives, spear points, arrowheads, helmets, 
chariot fittings, combination of spear and dagger (ji), cross-bow, and 
horse frontlets.
6. Miscellaneous
    Other bronze items include but are not limited to mirrors, 
furniture parts, and utensils such belt buckles, garment hooks, 
weights, measuring implements, incense burners, lamps, spirit trees, 
tallies, seals, rings, bells, and cosmetic containers.

B. Iron

    Iron is used for such utilitarian objects as axes, hammers, 
chisels, and spades. At the end of the Zhou, steel swords with multi-
faceted metal inlay are produced.
    1. Zhou through Han: Bimetallic weapons such as iron-bladed swords 
and knives with a bronze hilt.
    2. Three Kingdoms through Sui: Small scale Buddhist images are 
cast.
    3. Tang: Large scale castings include Buddhist statues, bells, 
lions, dragons, human figures, and pagodas.

C. Gold and Silver

    During the Shang and Zhou Dynasties, gold is used to produce 
jewelry and a limited number of vessel types, and as gilding, gold 
leaf, or inlay on bronze. Gold and silver become widely used in the Han 
Dynasty and remain so through the Tang Dynasty. Objects include vessels 
such as cups, ewers, jars, bowls; utensils such as lamps, containers, 
jewelry, liturgical wares, furniture parts; and Buddhist sculpture such 
as images of Buddha and reliquaries.

IV. Bone, Ivory, Horn, and Shell

    Neolithic through Tang: The most important uses of these materials 
is for vessels, seals, small-scale sculptures, and personal ornaments. 
In the Neolithic period, Erlitou culture, and Shang Dynasty bone 
(bovine scapula and tortoise plastrons, or lower shells) is used for 
divination: A carefully prepared bone or shell was thinned by drilling 
series of holes almost through the bone, to which heat was applied to 
make the bone crack. In some cases from the Late Shang Dynasty, the 
bones carry inscriptions revealing the date and nature of the question 
asked and, occasionally, the outcome of the event. The cowrie shells 
used as money in the Shang Dynasty and later periods show signs of use. 
Worked shell imitations of cowries are also known. Ivory and horn are 
used to craft tableware utensils such as cups and containers as early 
as the Shang Dynasty; these are sometimes inlaid with turquoise or 
other stones.

V. Silks and Textiles

    Neolithic through Tang: Silk worms are domesticated in China as 
early as the Neolithic. Silk cloth is preserved as garments and parts 
thereof, as a covering for furniture, and as painted or embroidered 
banners. Techniques include flat weave, moir[eacute], damask, gauze, 
quilting, and embroidery.

VI. Lacquer and Wood

    Neolithic through Tang: Lacquer is a transparent sap collected from 
the lac tree. When dissolved, it may be repeatedly applied to a wood or 
fabric form. The resulting product is sturdy and light. Lacquer vessels 
first appear in the Neolithic period, and become highly sophisticated 
and numerous by the middle Zhou through Han Dynasties. In the Sui and 
Tang Dynasties the practice is invented of creating a hard, thick 
surface of lacquer with the application of many thin layers. The 
resulting object may be carved and or inlaid before it hardens 
completely. Common colors for lacquer are red and black. Object types 
include: Vessels such as bowls, dishes, and goblets; military gear such 
shields and armor; musical instruments such as zithers (qin) and drums, 
related supports for drums and for bell sets; and

[[Page 2093]]

boxes and baskets with painted or carved lids.
    Wooden objects from this era are mainly preserved when painted with 
lacquer. These include architectural elements, utensils, coffins, 
musical instruments, and wood sculptures.

VII. Bamboo and Paper

    Zhou through Tang: Types include texts on bamboo and wooden slips, 
and on paper. The slips may be found singly, or in groups numbering 
into the thousands. Some Buddhist sutras were printed with movable 
wooden type.

VIII. Glass

    Zhou through Tang: Glass types include mostly tablewares, such as 
cups, plates, saucers.

IX. Painting and Calligraphy

A. Wall Painting

    Note that this section includes wall art at least 250 years old as 
of January 14, 2009. The painted bricks of the Han through Tang tomb 
walls have already been mentioned. That tradition is partially 
concurrent with a fresco tradition that runs from the Han through Qing 
Dynasties. Temples including those in caves or grottos have wall 
paintings with Buddhist, Confucian, and Daoist themes.

B. Other Painting

    Han through Tang: Paintings, dating to as early as the Southern and 
Northern, are on such media as banners, hand-scrolls, and fans. 
Subjects are drawn from Buddhism, Confucianism, and Daoism. Other 
subjects include landscapes and hunting scenes.

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 
or a delayed effective date (5 U.S.C. 553(a)(1)).

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply.

Executive Order 12866

    Because this rule involves a foreign affairs function of the United 
States, it is not subject to Executive Order 12866.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(1).

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise.

Amendment to CBP Regulations

    For the reasons set forth above, part 12 of Title 19 of the Code of 
Federal Regulations (19 CFR part 12), is amended as set forth below:

PART 12--SPECIAL CLASSES OF MERCHANDISE

0
1. The general authority citation for part 12 and the specific 
authority citation for Sec.  12.104g continue to read as follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
    Sections 12.104 through 12.104i also issued under 19 U.S.C. 
2612;
* * * * *


0
2. In Sec.  12.104g, the table of the list of agreements imposing 
import restrictions on described articles of cultural property of State 
parties is amended in the entry for the People's Republic of China in 
the column headed ``Cultural Property'' by adding the words ``as of 
January 14, 2009'' after the word ``old''; and in the column headed 
``Decision No.'' by adding ``extended by CBP Dec. 14-02'' immediately 
after ``CBP Dec. 09-03''.

Thomas S. Winkowski,
Acting Commissioner, U.S. Customs and Border Protection.
    Approved: January 8, 2014.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2014-00388 Filed 1-10-14; 8:45 am]
BILLING CODE 9111-14-P
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