[Federal Register Volume 84, Number 9 (Monday, January 14, 2019)]
[Rules and Regulations]
[Pages 107-112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00065]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 84, No. 9 / Monday, January 14, 2019 / Rules 
and Regulations

[[Page 107]]



DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 19-02]
RIN 1515-AE42


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 document amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect an extension of import restrictions on 
certain archaeological material from China. The restrictions, which 
were originally imposed by CBP Dec. 09-03 and last extended by CBP Dec. 
14-02, are due to expire on January 14, 2019. The Assistant Secretary 
for Educational and Cultural Affairs, United States Department of 
State, has made the requisite determination for extending the import 
restrictions that previously existed and entering into a new Memorandum 
of Understanding (MOU) with China to reflect the extension of these 
import restrictions. The new MOU supersedes the existing agreement that 
became effective on January 14, 2009. Accordingly, these import 
restrictions will remain in effect for an additional five years, and 
the CBP regulations are being amended to reflect this further extension 
through January 14, 2024. This document also contains the amended 
Designated List that describes the types of archaeological material to 
which the restrictions apply, including a new subcategory of glass 
objects from the Zhou period through the Tang period.

DATES: Effective January 14, 2019.

FOR FURTHER INFORMATION CONTACT: For regulatory aspects, Lisa L. 
Burley, Branch Chief, Cargo Security, Carriers and Restricted 
Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 
325-0215, <a href="/cdn-cgi/l/email-protection#345b40195b404646574158404146555844465b445146404d745756441a505c471a535b42"><span class="__cf_email__" data-cfemail="deb1aaf3b1aaacacbdabb2aaabacbfb2aeacb1aebbacaaa79ebdbcaef0bab6adf0b9b1a8">[email protected]</span></a>. For operational aspects, 
Christopher N. Robertson, Branch Chief, Commercial Targeting & Analysis 
Center, Trade Policy and Programs, Office of Trade, (202) 325-6586, 
<a href="/cdn-cgi/l/email-protection#db988f9a989bb8b9abf5bfb3a8f5bcb4ad"><span class="__cf_email__" data-cfemail="5d1e091c1e1d3e3f2d7339352e733a322b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    Pursuant to the Convention on Cultural Property Implementation Act, 
Public Law 97-446, 19 U.S.C. 2601 et seq. (hereinafter, ``the Cultural 
Property Implementation Act'' or ``the Act''), which implements the 
1970 United Nations Educational, Scientific and Cultural Organization 
(UNESCO) Convention on the Means of Prohibiting and Preventing the 
Illicit Import, Export and Transfer of Ownership of Cultural Property 
(hereinafter, ``1970 UNESCO Convention'' or ``the Convention'' (823 
U.N.T.S. 231 (1972))), the United States entered into a bilateral 
agreement with the People's Republic of China (China) on January 14, 
2009, to impose import restrictions on certain archaeological material 
representing China's cultural heritage from the Paleolithic Period (c. 
75,000 B.C.) through the end of the Tang Period (A.D. 907), and 
monumental sculpture and wall art at least 250 years old. On January 
16, 2009, U.S. Customs and Border Protection (CBP) published a final 
rule (CBP Dec. 09-03) in the Federal Register (74 FR 2838), which 
amended Sec.  12.104g(a) of title 19 of the Code of Federal Regulations 
(19 CFR 12.104g(a)) to reflect the imposition of these restrictions, 
and included a list covering certain archaeological material from 
China.
    Import restrictions listed at 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 may be 
extended for additional periods of not more than 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.
    On April 1, 2013, the United States Department of State proposed in 
the Federal Register (78 FR 19565) to extend the agreement through a 
memorandum of understanding (``MOU'') between the United States and 
China concerning the imposition of import restrictions on 
archaeological material from the Paleolithic Period through the Tang 
Dynasty and monumental sculpture and wall art at least 250 years old. 
On August 1, 2013, the Assistant Secretary for Educational and Cultural 
Affairs, United States Department of State, made the necessary 
determinations to extend the import restrictions for an additional five 
years. On January 13, 2014, CBP published a final rule (CBP Dec. 14-02) 
in the Federal Register (79 FR 2088), which amended Sec.  12.104g(a) to 
reflect the extension of these import restrictions for an additional 
five years. By request of China, this document also amended the 
Designated List to clarify that the restrictions as to monumental 
sculpture and wall art at least 250 years old should be calculated as 
of January 14, 2009, the date the MOU became effective. These import 
restrictions are due to expire on January 14, 2019.
    On April 4, 2018, the United States Department of State proposed in 
the Federal Register (83 FR 14537) to extend the MOU between the United 
States and China concerning the imposition of import restrictions on 
certain archaeological material and monumental sculpture and wall art 
at least 250 years old for an additional five years.
    The Assistant Secretary for Educational and Cultural Affairs, 
United States Department of State, after consultation with and 
recommendations by the Cultural Property Advisory Committee, determined 
that the cultural heritage of China continues to be in jeopardy from 
pillage of certain archaeological material and that the import 
restrictions should be extended for an additional five years. 
Subsequently, a new MOU was concluded between the United States and 
China. The new MOU supersedes and replaces the prior MOU, extends the 
import restrictions that went into effect under the prior MOU for an 
additional five years and adds a new subcategory of glass objects from 
the Zhou period through the Tang period. This new MOU is titled: 
``Memorandum of Understanding Between the Government of the United 
States of

[[Page 108]]

America and the Government of the People's Republic of China Concerning 
the Imposition of Import Restrictions on Categories of Archaeological 
Material of China.'' The new MOU revises the Designated List of 
cultural property described in CBP Dec. 14-02, as set forth below. 
Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the extension 
of these import restrictions.
    The restrictions on the importation of archaeological material from 
China are to continue in effect through January 14, 2024. Importation 
of such material from China continues to be restricted through that 
date unless the conditions set forth in 19 U.S.C. 2606 and 19 CFR 
12.104c are met.

Amended Designated List

    The Designated List, covering articles 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, that are protected pursuant to the existing MOU, has been 
revised. Under the new MOU, a new subcategory of objects under 
``Section VIII Glass'' has been added to include ``beads'', pursuant to 
19 U.S.C. 2606, and the word ``mostly'' preceding the word 
``tablewares'' in the same section has been removed. Grammatical 
changes have been made to the Designated List in ``Section II Stone'' 
for Other Stone sculptures associated with Buddhism, and in ``Section 
III Metal'' for Bronze musical instruments of the Zhou through Tang 
period and miscellaneous Bronze items. Additionally, the words 
``Dynasty'' or ``Dynasties'' and ``period'' have been added for 
clarity, where appropriate, throughout the Designated List. The 
Designated List and additional information may also be found at the 
following website address: https://eca.state.gov/cultural-heritage-center/cultural-property-advisory-committee/current-import-restrictions 
under ``China.'' For ease of reference, the Designated List that was 
published in CBP Dec. 14-02, including the revisions mentioned above, 
is reproduced below:

Amended 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 BC 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), and 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.
    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 versions of pans. 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), and 
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

[[Page 109]]

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 ``jade'' (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, and 
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, 
elaborate pectorals made of jade links, and jade inlay on bronze 
appear.
    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; and 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, 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 
Dynasties. 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

[[Page 110]]

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 may 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

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

    Han--Qing: 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

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

    Han--Qing: 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:  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.
    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 5 cm 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 Dynasty, 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 Dynasties.
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.

[[Page 111]]

    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 the 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 Dynasty.
    e. Tang: The clerical script becomes the norm until AD 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 and 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 as 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 Dynasty, 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 period. 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 
as shields and armor; musical instruments such as zithers (qin) and 
drums, related supports for drums and for bell sets; and 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 beads and tablewares, such 
as cups, plates, and saucers.

IX. Painting and Calligraphy

A. Wall Painting

    Note: 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 Dynasties, 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 
under 5 U.S.C. 553(a)(1). For the same reason, a delayed effective date 
is not required under 5 U.S.C. 553(d)(3).

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required, the 
provisions

[[Page 112]]

of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply.

Executive Orders 12866 and 13771

    CBP has determined that this document is not a regulation or rule 
subject to the provisions of Executive Order 12866 or Executive Order 
13771 because it pertains to a foreign affairs function of the United 
States, as described above, and therefore is specifically exempted by 
section 3(d)(2) of Executive Order 12866 and section 4(a) of Executive 
Order 13771.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(1), pertaining to the Secretary of the Treasury's authority (or 
that of his/her delegate) to approve regulations related to customs 
revenue functions.

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;
* * * * *


Sec.  12.104g  [Amended]


0
2. In Sec.  12.104g, in paragraph (a), the table is amended in the 
entry for People's Republic of China by removing the words ``CBP Dec. 
09-03 extended by CBP Dec. 14-02'' in the column headed ``Decision 
No.'', and adding in their place the words ``CBP Dec. 19-02''.

Kevin K. McAleenan,
Commissioner, U.S. Customs and Border Protection.
    Approved: January 9, 2019.
David J. Kautter,
Assistant Secretary of the Treasury.
[FR Doc. 2019-00065 Filed 1-10-19; 11:15 am]
 BILLING CODE 9111-14-P


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