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.

Rules and Regulations Federal Register

107 

Vol. 84, No. 9 

Monday, January 14, 2019 

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, ot-otrrcultural

property@cbp.dhs.gov. For operational 

aspects, Christopher N. Robertson, 

Branch Chief, Commercial Targeting & 

Analysis Center, Trade Policy and 

Programs, Office of Trade, (202) 325– 

6586, CTAC@cbp.dhs.gov. 

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 § 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 § 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 


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

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 


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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 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, 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 largescale 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 


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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 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 Dynasties. 

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. 


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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, 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 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 


khammond on DSK30JT082PROD with RULES
112 Federal Register / Vol. 84, No. 9 / Monday, January 14, 2019 / Rules and Regulations 

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 

■ 1. The general authority citation for 

part 12 and the specific authority 

citation for § 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; 

* * * * * 

§ 12.104g [Amended] 

■ 2. In § 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 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 12 

RIN 1515–AE41 

Extension of Import Restrictions 

Imposed on Certain Archaeological 

and Ecclesiastical Ethnological 

Material From Bulgaria 

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 and ecclesiastical 

ethnological material from Bulgaria. The 

restrictions, which were originally 

imposed by CBP Dec. 14–01, 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 Bulgaria to reflect the extension of 

these import restrictions. The new MOU 

supersedes and replaces the existing 

agreement that became effective on 

January 14, 2014. This new MOU also 

corrects an inconsistency existing 

between the previous MOU and the 

Designated List that describes the types 

of archaeological and ecclesiastical 

ethnological material to which the 

restrictions apply. 

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, ototrrculturalproperty@cbp.dhs.gov. For 

operational aspects, Christopher N. 

Robertson, Branch Chief, Commercial 

Targeting & Analysis Center, Trade 

Policy and Programs, Office of Trade, 

(202) 325–6586, CTAC@cbp.dhs.gov. 

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 Republic of Bulgaria (Bulgaria) on 

January 14, 2014, to impose import 

restrictions on: (1) Archaeological 

material from Bulgaria ranging in date 

from 7500 B.C through approximately 

1750 A.D.; and (2) ecclesiastical 

ethnological material from Bulgaria 

ranging in date from the beginning of 

the 4th century A.D. through 

approximately 1750 A.D. On January 16, 

2014, U.S. Customs and Border 

Protection (CBP) published a final rule 

(CBP Dec. 14–01) in the Federal 

Register (79 FR 2781), which amended 

§ 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 and ecclesiastical 

ethnological material from Bulgaria. 

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 that 

justified the initial agreement still 

pertain and no cause for suspension of 

the agreement exists. 

On June 13, 2018, the United States 

Department of State proposed in the 

Federal Register (83 FR 27649) to 

extend the Memorandum of 

Understanding (MOU) between the 

United States and Bulgaria concerning 

the imposition of import restrictions on 

certain archaeological and ecclesiastical 

ethnological material from Bulgaria 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 Bulgaria continues to be in 

jeopardy from pillage of certain 

archaeological material and 

ecclesiastical ethnological material and 

that the import restrictions should be 

extended for an additional five years. 

Subsequently, the United States and 

Bulgaria entered into and concluded a 

new MOU, superseding and replacing 

the existing MOU (dated January 14, 

2014), to reflect the extension of those 

import restrictions for an additional five 


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