[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Rules and Regulations]
[Pages 64372-64379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20335]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 23-11]
RIN 1515-AE82


Extension and Amendment of Import Restrictions Imposed on 
Archaeological and Ethnological Material of Cambodia

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

ACTION: Final rule.

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[[Page 64373]]

SUMMARY: This document amends the U.S. Customs and Border Protection 
(CBP) regulations to reflect an extension of import restrictions on 
certain archaeological and ethnological material of Cambodia, the 
addition of certain categories of archaeological and ethnological 
material of Cambodia to the existing import restrictions, and the 
clarification of certain categories of archaeological material of 
Cambodia. The United States has entered into an agreement with Cambodia 
that supersedes the existing agreement and amends the import 
restrictions that became effective on September 19, 2018. The 
restrictions, originally imposed by Treasury Decision (T.D.) 99-88 and 
last extended by CBP Dec. 18-11 for an additional five-year period, 
will continue with these amendments through September 19, 2028. The 
Designated List of archaeological and ethnological material of Cambodia 
to which the restrictions apply is reproduced below, with the 
amendments described.

DATES: Effective on September 19, 2023.

FOR FURTHER INFORMATION CONTACT: For legal aspects, W. Richmond 
Beevers, Chief, Cargo Security, Carriers and Restricted Merchandise 
Branch, Regulations and Rulings, Office of Trade, (202) 325-0084, <a href="/cdn-cgi/l/email-protection#1c73683173686e6e7f697068696e7d706c6e736c796e68655c7f7e6c3278746f327b736a"><span class="__cf_email__" data-cfemail="9ef1eab3f1eaececfdebf2eaebecfff2eeecf1eefbeceae7defdfceeb0faf6edb0f9f1e8">[email protected]</span></a>. For operational aspects, Julie L. 
Stoeber, Chief, 1USG Branch, Trade Policy and Programs, Office of 
Trade, (202) 945-7064, <a href="/cdn-cgi/l/email-protection#172642445055657679747f5774756739737f6439707861"><span class="__cf_email__" data-cfemail="a495f1f7e3e6d6c5cac7cce4c7c6d48ac0ccd78ac3cbd2">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    The Convention on Cultural Property Implementation Act (Pub. L. 97-
446, 19 U.S.C. 2601 et seq.) (CPIA), 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 (823 
U.N.T.S. 231 (1972)) (the Convention), allows for the conclusion of an 
agreement between the United States and another party to the Convention 
to impose import restrictions on eligible archaeological and 
ethnological materials. Under the CPIA and the applicable U.S. Customs 
and Border Protection (CBP) regulations, found in Sec.  12.104 of title 
19 of the Code of Federal Regulations (19 CFR 12.104), the restrictions 
are effective for no more than five years beginning on the date on 
which an 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 extension not to exceed five years, if 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)).
    In certain limited circumstances, the CPIA authorizes the 
imposition of restrictions on an emergency basis (19 U.S.C. 2603). The 
emergency restrictions are effective for no more than five years from 
the date of the State Party's request and may be extended for three 
years where it is determined that the emergency condition continues to 
apply with respect to the covered material (19 U.S.C. 2603(c)(3)). 
These restrictions may also be continued pursuant to an agreement 
concluded within the meaning of the CPIA (19 U.S.C. 2603(c)(4)). 
Additionally, after any restriction enters into force, either through 
an agreement or emergency action, CBP will by regulation promulgate 
(and when appropriate revise) a list of the archaeological or 
ethnological material of the State Party covered by the agreement or by 
such emergency action (19 U.S.C. 2604).
    On December 2, 1999, the former United States Customs Service 
published Treasury Decision (T.D.) 99-88 in the Federal Register (64 FR 
67479) amending 19 CFR 12.104g(b) to reflect the imposition of 
emergency restrictions on the importation of certain Khmer stone 
archaeological material of the Kingdom of Cambodia from the 6th century 
through the 16th century A.D.
    On September 19, 2003, the United States entered into the 
``Memorandum of Understanding Between the Government of the United 
States of America and the Government of the Kingdom of Cambodia 
Concerning the Imposition of Import Restrictions on Khmer 
Archaeological Material'' (2003 MOU). The 2003 MOU provided for import 
restrictions on certain Khmer archaeological material from the 6th 
century through the 16th century A.D. and continued to include the 
archaeological material then subject to the emergency restrictions.
    On September 22, 2003, CBP published a final rule, CBP Decision 
(CBP Dec.) 03-28, in the Federal Register (68 FR 55000), amending 19 
CFR 12.104g(a) to reflect the imposition of these restrictions and 
including a list designating the types of archaeological material 
covered by the restrictions. Consistent with the requirements of 19 
U.S.C. 2602(b) and 19 CFR 12.104g, these restrictions were effective 
for a period of five years.
    The import restrictions were subsequently extended three times, and 
the designated list amended once, in accordance with 19 U.S.C. 2602(e) 
and 19 CFR 12.104g(a). On September 19, 2008, CBP published a final 
rule (CBP Dec. 08-40) in the Federal Register (73 FR 54309), which 
amended 19 CFR 12.104g(a) to reflect the extension of these import 
restrictions for an additional period of five years and to revise the 
designated list to reflect the addition of new categories of objects 
(glass and bone) and additional subcategories of stone and metal 
objects from the Bronze Age (c. 1500-500 B.C.) and the Iron Age (c. 500 
B.C.-A.D. 550), covering archaeological material from the Bronze Age 
through the Khmer Era (16th century A.D.). On September 16, 2013, CBP 
published CBP Dec. 13-15 in the Federal Register (78 FR 56832), which 
amended 19 CFR 12.104g(a) to reflect the extension of these import 
restrictions for an additional period of five years.
    On September 19, 2018, pursuant to a Memorandum of Understanding 
concluded on September 12, 2018 (2018 MOU), in which the Governments of 
the United States and Cambodia agreed to extend the import restrictions 
for another five years, CBP published CBP Dec. 18-11 in the Federal 
Register (83 FR 47283), which amended Sec.  12.104g(a) to reflect the 
extension of these import restrictions for an additional period of five 
years.
    On December 21, 2022, the United States Department of State 
proposed in the Federal Register (87 FR 78184), to extend the 2018 MOU. 
On May 10, 2023, after consultation with and recommendation by the 
Cultural Property Advisory Committee, the Acting Assistant Secretary 
for Educational and Cultural Affairs, United States Department of 
State, made the determinations necessary to extend and amend the 2018 
MOU.
    On August 30, 2023, the Governments of the United States and 
Cambodia signed a new agreement to extend the import restrictions, 
include additional categories of archaeological and ethnological 
material, and clarify existing categories of archaeological material, 
titled ``Agreement between the Government of the United States of 
America and the Government of the Kingdom of Cambodia to Extend and 
Amend the Memorandum of Understanding between the Government of the 
United States of America and the Government of the Kingdom of Cambodia 
Concerning the Imposition of Import Restrictions on Categories of 
Archaeological Material of Cambodia'' (2023 Agreement). The 2023 
Agreement entered into force upon signature and supersedes the 2018 
MOU. Pursuant to the 2023 Agreement, the amended

[[Page 64374]]

import restrictions continue through September 19, 2028.
    Accordingly, CBP is amending 19 CFR 12.104g(a) to reflect the 
amendment of the Designated List of cultural property described in CBP 
Dec. 03-28 and last revised by CBP Dec. 08-40. The amendments include 
the expansion of dates for archaeological material, clarified 
descriptions of certain categories of archaeological material, and the 
addition to the archaeological material section of a category for wood 
and subcategories for sima, boundary markers, seals and weights, and 
coins. The amendments also include the addition of an ethnological 
material section. The restrictions on the importation of archaeological 
and ethnological material will be in effect through September 19, 2028. 
Importation of such material of Cambodia, as described in the 
Designated List below, will be restricted through that date unless the 
conditions set forth in 19 U.S.C. 2606 and 19 CFR 12.104c are met.
    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 
by selecting the material for ``Cambodia.''

Designated List of Archeological and Ethnological Material of Cambodia

    To fulfill the terms of the 2023 Agreement, the Designated List 
contained in T.D. 99-88 and last revised by CBP Dec. 08-40, is amended 
to reflect the addition to the archaeological material section of a 
category for wood, subcategories for sima, boundary markers, seals and 
weights, and coins, as well as the expansion of dates for 
archaeological material and clarified descriptions of certain 
categories of archaeological material. The amendments also include the 
addition of an ethnological material section.
    The Designated List includes archaeological and ethnological 
material. Archaeological material ranges in date from approximately 
2,500 B.C. to A.D. 1750. Ethnological material ranges in date from A.D. 
1400 to 1891. For the reader's convenience, CBP is reproducing the 
Designated List contained in T.D. 99-88 and last revised by CBP Dec. 
08-40 in its entirety with these changes.
    The list is divided into the following categories of objects:

I. Archaeological Material
    A. Stone
    B. Metal
    C. Ceramics
    D. Glass
    E. Bone
    F. Wood
II. Ethnological Material
    A. Architectural Materials
    B. Manuscripts
    C. Religious Objects

I. Archaeological Material

    Restricted archaeological material from Cambodia includes the 
categories listed below. The following list is representative only.

A. Stone

    This category consists largely of materials made of sandstone, 
including many color shades (gray to greenish to black, pink to red and 
violet, and some yellowish tones) and varying granulosity. Due to 
oxidation and iron content, the stone surface can become hard and take 
on a different color from the stone core. These surface colors range 
from yellowish to brownish to different shades of gray. This dense 
surface can be polished. Some statues and reliefs are coated with a 
kind of clear shellac or lacquer of different colors (black, red, gold, 
yellow, brown). The surface of sandstone pieces can also be quite 
rough. Chipped surfaces can be white or gray in color. In the absence 
of any systematic technical analysis of ancient Khmer stonework, no 
exact description of other stone types can be provided. It is clear 
that other types of stone were also used (some volcanic rock, rhyolite, 
and schist, etc.), but these are nonetheless exceptional. Some quartz 
objects are also known. Precious and semi-precious stones were also 
used as applied decor or in jewelry settings.
    Different types of stone degradation can be noted. Eroded surfaces 
result from sanding (loss of surface grains), contour scaling 
(detachment of surface plaques along contour lines), flaking, and 
exfoliation. The stone can also split along sedimentation layers. 
Chipping or fragmentation of sculpted stone is also common.
    Stone objects included here come under several periods: Bronze Age 
(c. 2500-500 B.C.), Iron Age (c. 500 B.C.-A.D. 550), pre-Angkorian 
(6th-9th century), Angkorian (9th-15th century), and post-Angkorian 
(15th century-1750 A.D.). Many stone objects can be firmly assigned to 
one of these periods; some, notably architectural elements and statues, 
can be further assigned a specific style and a more precise date within 
the given period.
1. Sculpture
    a. Architectural Elements--Stone was used for religious 
architecture in the pre-Angkorian and Angkorian periods. The majority 
of ancient Khmer temples were built almost entirely in stone. Even for 
those temples built primarily in brick, numerous decorative elements in 
stone were also employed. Only small portions of early post-Angkorian 
edifices were built in stone. The architectural elements that follow 
are therefore characteristic of pre-Angkorian and Angkorian times. 
Post-Angkorian forms are also included. The state of the material 
varies greatly, with some objects being well preserved, while others 
are severely eroded or fragmented. The sculpture of some pieces remains 
unfinished.
    i. Pediments--Pediments are large decorative stone fixtures placed 
above temple doorways. They are triangular or round in shape and 
composed of two or more separate blocks that are fitted together and 
sculpted with decorative motifs. The ensemble can range from 
approximately 1-3 meters in width and 1-3 meters in height. Motifs 
include floral scrolls, medallions, human figures, and animals. A whole 
scene from a well-known story can also be represented.
    ii. Lintels--Lintels are rectangular monoliths placed directly 
above temple entrance gates or doorways, below the pediments described 
above. They are decorated with motifs similar to those of pediments. 
They can reach up to nearly one meter in height and one- and one-half 
meters in width.
    iii. False Doors--Three of the four doorways of a temple sanctuary 
are frequently ``false doors''; that is, though they are sculpted to 
look like doors, they do not open. They bear graphic and floral motifs, 
sometimes integrating human and animal figures. These doors can reach 
up to more than two meters in height and more than one meter in width. 
They can be monolithic or composed of separate blocks fitted together.
    iv. Columnettes and Door Jambs--Columnettes (or colonettes) are 
decorative columns placed on either side of a temple door entrance. 
Door jambs are decorative panels placed on either side of a temple 
entrance door. They can be sculpted in deep relief out of a temple 
doorway and therefore remain attached to the doorway on their back 
side. The earliest columnettes are round and sculpted with bands which 
themselves are sculpted with decorative motifs. Later in the Angkorian 
period, the columnettes are octagonal in shape and bear more complex 
and abundant sculpted decor on the concentric bands. This decor 
includes graphic designs (pearls, diamond shapes, flowers, etc.) 
repeated at regular intervals along the length of the column. The base 
of the column is square and is also sculpted with diverse motifs and 
figures. The

[[Page 64375]]

columnettes can reach around 25 cm. in diameter and more than two 
meters in height. Door jambs can reach more than two meters in height.
    v. Pilasters--Pilasters are decorative rectangular supports 
projecting partially from the wall on either side of a temple doorway. 
They are treated architecturally as columns with a base, shaft, and 
capital. Motifs include floral scrolls and graphic designs of pearls, 
diamond shapes, etc., as well as human or animal figures. They range in 
width from approximately 20-30 cm. and can reach a height of more than 
two meters.
    vi. Antefixes--Antefixes are decorative elements placed around the 
exterior of each level of temple tower. They are small free-standing 
sculptures and can take multiple forms, including but not limited to 
graphic designs, animal figures, human figures in niches, and miniature 
models of temples.
    vii. Balustrade Finials--Long balustrades in the form of mythical 
serpents are found in many Angkorian temples. Often, these line either 
side of the entrance causeways to temples. The ends of the balustrade 
take the form of the serpent's multiple cobra-like heads.
    viii. Wall Reliefs--Much of the surface area of most temples is 
sculpted with decorative reliefs. This decor includes graphic designs 
and floral motifs as well as human or animal figures. The figures can 
range in size from just a few centimeters to more than one meter in 
height. They can be integrated into the decor or set off in niches. 
Narrative scenes can also be represented.
    ix. Other Decorative Items--Other decorative items include wall 
spikes, roof tile finials, sculpted steps, and other architectural 
decorations.
    x. Simas--Simas are often decorated and carved stone pillars placed 
around the vihara of Buddhist monasteries at each of the eight compass 
directions marking the place where monks performed rituals. Sima forms 
are typically a decorative pillar with a conical top carved in various 
shapes. Some sima forms are spherical. The tops of simas are often 
gently peaked and may have Buddhist iconography. Decorative carved 
motifs typically include animals, Buddha's life stories, worshipers, 
and/or vegetal motifs.
    b. Free-Standing Sculptures--The pre-Angkorian and Angkorian 
periods are characterized by extensive production of statuary in stone. 
Some stone statuary was also produced during the post-Angkorian period. 
This statuary is relatively diverse, including human figures ranging 
from less than one half meter to nearly three meters in height, as well 
as animal figures. Some figures, representations of Hindu gods, have 
multiple arms and heads. Figures can be represented alone or in groups 
of two or three. When male and female figures are presented together as 
an ensemble, the female figures are often disproportionately smaller 
than their male counterparts. Some are part-human, part-animal. Figures 
can be standing, sitting, or riding animal mounts. Many figures are 
represented wearing crowns or special headdresses and holding 
attributes such as a baton or a conch shell. Clothing and sometimes 
jewelry are sculpted into the body. Though statues are generally 
monolithic, later post-Angkorian statues of Buddha can have separate 
arms sculpted in wood and attached to the stone body. Many statues were 
once lacquered in black, dark brown, red, or gold colors and retain 
lacquer traces. Some yellow lacquer is also found.
    i. Human and Hybrid (Part-Human, Part-Animal) Figures--Examples 
include statues of the eight-armed god and the four-armed god, 
representations of Buddha in various attitudes or stances, and female 
and male figures or deities, including parts (heads, hands, crowns, or 
decorative elements) of statuary and groups of figures. Examples 
include tantric Buddhist figures or representations of Hindu gods.
    ii. Animal Figures--Examples include bulls, elephants, lions, and 
small mammals such as squirrels.
    iii. Votive Objects and Non-figural Sculpture--Various abstract 
sculptures were also the object of religious representation from pre-
Angkorian to post-Angkorian times. Examples include ritual phallic 
symbols (linga, lingam) and sculpted footprints of Buddha.
    iv. Pedestals--Pedestals for statues can be square, rectangular, 
round, or octagonal. They vary greatly in size and can be decorated 
with graphic and floral decor, as well as animal or human figures. They 
are usually made of numerous components fitted together, including a 
base and a top section into which the statue is set.
    v. Foundation Deposit Stones--Sacred deposits were placed under 
statues, as well as under temple foundations and in temple roof vaults, 
from pre-Angkorian to post-Angkorian times. Marks on these stones 
indicate sacred configurations, which could contain deposits such as 
gold or precious stones.
    c. Stelae
    i. Sculpted Stelae--Free-standing stelae, sculpted with shallow or 
deep reliefs, served as objects of worship and sometimes as boundary 
stones or boundary markers from pre-Angkorian to post-Angkorian times. 
Examples include stelae with relief images of gods and goddesses, 
Buddhas, figures in niches, and other symbols.
    ii. Inscriptions--Texts recording temple foundations or other 
information were inscribed on stone stelae from pre-Angkorian to post-
Angkorian times. Such texts can also be found on temple doorjambs, 
pillars, and walls. The stelae are found in various shapes and sizes 
and can also bear decorative reliefs, for example a bull seated on a 
lotus flower.
    d. Sculpture in Brick--Brick was used mainly in pre-Angkorian and 
some relatively early Angkorian religious architecture. Yet, typically, 
while the bodies of buildings were in brick, some of the decorative 
elements listed above--pediments, lintels, etc., were in stone. The 
brick, of light orange color, was usually sculpted with a preliminary 
relief, which was then covered over with white stucco, itself sculpted 
along brick contours. Some brick reliefs seem to have been fully 
sculpted and not meant to be covered in stucco. Brick temple reliefs 
include graphic design, as well as floral or animal decor. Human and 
animal figures can also be represented.
    e. Boundary Markers--Boundary markers were typically carved from a 
solid block of stone and reach approximately one meter in height. 
Boundary markers typically date from the 10th through 13th centuries 
A.D. Boundary markers were decorated in either Buddhist or Hindu 
iconography. Hindu decorative themes often portray depictions of 
Vishnu, while Buddhist decorative themes often portray the Buddha or 
Lokeshvara, sometimes with an additional deity featuring a domed or 
pointed top as a stupa, symbolizing Nirvana.
2. Jewelry
    In the Bronze and Iron Ages, beads were made from semi-precious 
stones such as agate, carnelian, and occasionally garnet. Agate beads 
are banded stone, black to light brown to white in their bands. These 
are usually carved into tubular shapes. Carnelian beads are reddish 
orange and glassy. These are usually ball-shaped. Bronze and Iron Age 
stone bracelets have triangular or rectangular cross-sections.
3. Chipped and Ground Tools
    During the Bronze and Iron Ages, chipped and ground tools such as 
adzes, whetstones, and arrowheads were made of metamorphic rock.

B. Metal

    This category consists mainly of bronze objects. No singular alloy 
is characteristic of Cambodian bronzes, which contain varying degrees 
of

[[Page 64376]]

copper, zinc, lead, iron, and tin. Surface colors can range from dark 
to light brown to goldish; a green patina is found on many objects. 
Some bronzes are also gilt. Some artwork in silver and gold also 
survives but is much less common.
    Most objects were cast using ``lost wax'' casting with a ``clay 
core'' technique. This technique begins with a clay core, which is 
covered with a layer of wax before being covered with an outer layer of 
clay. The wax is then melted out with hot metal, which then hardened in 
the mold. Each casting is unique because the mold must be destroyed to 
obtain the metal object, Decor can be chiseled into the finished metal 
surface. As early as the Bronze and Iron Ages, these objects 
demonstrate a very high degree of technical skill. The 
``repouss[eacute]'' technique, by which metal is beaten into shape in a 
concave mold, was also used.
    Most of the objects presented here can be assigned to one of the 
periods defined for stone objects described previously: Bronze Age (c. 
2500-500 B.C.), Iron Age (c. 500 B.C.-A.D. 550), pre-Angkorian (6th-9th 
century), Angkorian (9th-15th century), and post-Angkorian (15th 
century-A.D. 1750). Some pieces, in particular statuary and ritual or 
domestic accessories with motifs akin to architectural decor in stone, 
can also be assigned to specific styles and corresponding time periods 
within the larger historical periods.
1. Statues and Statuettes
    Khmer metal statuary is comparable to Khmer stone statuary in both 
thematic and stylistic treatment (see general description of free-
standing sculpture above). Statues can be represented alone or in 
groups ranging from human figures on animal mounts to triads, to more 
complex ensembles including architectural structures and decor. Though 
some colossal statues are known in both pre-Angkorian and Angkorian 
times, metal statues are, generally, relatively smaller in scale than 
their stone counterparts. Colossal statues can reach more than two 
meters in height; fragments demonstrate that one reclining figure 
measured some six meters in length. Such colossal pieces are 
nonetheless rare.
    Statuettes as small as 15 cm. are common; larger statues more 
typically reach around one meter in height. Small-scale statues are 
generally composed of a single cast; separate pieces can be placed 
together, for example on a single pedestal, to form an ensemble. Larger 
works can be composed of multiple pieces fitted together with joints 
which can be concealed by chiseled decor. Some small statuettes are 
solid. Others are composed of two plaques, one for the front of the 
piece and the other for the back; the plaques are filled with a resin- 
or tar-based substance and soldered together. Larger pieces are hollow. 
Bronze statuaries were most prevalent in the Bayon period (late 12th to 
early 13th century).
    Post-Angkorian bronze statues and statuettes, like their stone 
counterparts, take on certain characteristics of Siamese sculpture but 
can nonetheless usually be identified as Khmer due to certain types of 
decor and bodily form which maintain or develop from a specific 
Angkorian tradition.
    a. Human and Hybrid (Part-Human, Part-Animal) Figures--Examples 
include, but are not limited to, standing male figures, Buddhas, four-
armed male figures, female figures, gods, and goddesses, all in various 
attitudes and dress, including fragments of sculpture such as hands, 
arms, and heads.
    b. Animal Figures--Animal representations in metal, typically 
bronze or silver, resemble those in stone in both thematic and 
stylistic treatment. Statues and statuettes include primarily bulls, 
lions, and elephants with one or three trunks. Other animals, such as 
horses, are also represented but are less common. Known colossal animal 
images date from 600 B.C. to the late 12th to early 13th century. Other 
animal figures, such as the mythical multiheaded serpent and mythical 
birds and monkeys, are also frequently found as decor of ritual or 
domestic objects.
    c. Pedestals--Pedestals in bronze often appear to be simplified and 
reduced versions of their stone counterparts. One innovation of 
sculpting the base in openwork is to be noted.
2. Other Ritual and Domestic Objects
    a. Special Objects Used in Ritual and Royal Pageantry--Special 
ritual objects include bells, bronze lotus flowers, conch shells, 
palanquin hooks, and musical instruments such as tambourines, etc.
    b. Containers--Ritual and domestic containers include such items as 
perfume holders, oil lamps or bowls, lime pots, and boxes with 
decorative or sculptural features.
    c. Decorative Elements from Ritual or Domestic Objects--In addition 
to the decorative accessory items noted below, there exist insignia 
finials for banner poles which often take the form of small human or 
animal figures.
    d. Jewelry--Jewelry, including but not limited to rings, bracelets, 
arm bands, necklaces, earrings, decorative head pieces, and belts, 
could have been worn not only by people but also by statues. Bronze and 
Iron Age bracelets may be decorated with scrolls, spirals, and the 
heads of buffalo/cows. Different types of rings can be noted: ring-
stamps, rings with ornamental settings, rings with settings in the form 
of a bull or other animal, and rings with settings for stones.
    e. Instruments--Diverse percussion instruments, including varying 
sizes of bells, drums, gongs, and cymbals, were made in bronze. These 
may carry geometric designs and/or images of humans and animals.
    f. Animal Fittings--In addition to bells to be suspended around the 
necks of animals, common to both the Angkorian and the post-Angkorian 
periods, various kinds of decorative animal harness accessories are 
known in post-Angkorian times.
    g. Seals and Weights--In lead and tin. Seals may be in the form of 
amulets, pendants, ring seals, or other designs. Weights may be molded 
into snail shaped weights or may be in round or square token forms.
3. Architectural Elements
    Metal architectural elements include ceiling or wall plaques 
sculpted with flowers or other motifs, floral plaques, and panels.
4. Weapons and Tools
    Metal weapons and tools include arrow heads, daggers, spear tips, 
swords, helmets, and sickles.
5. Coins
    Rare coinage from the Funan area of Southern Cambodia is included. 
Coinage dates from the 1st through 6th centuries A.D. In gold, silver, 
gilded silver, or tin. Designs vary, but coins often bear the image of 
a rising sun, a deer, a rooster, a Garuda, a team of oxen, and other 
designs. Inscriptions may be present and in Kharosthi script or 
Sanskrit.

C. Ceramics

    Bronze and Iron Age ceramics are primarily earthenwares with 
varying colors and surface treatments. Later ceramics include both 
glazed and unglazed stonewares. Stonewares, and particularly glazed 
wares, are characteristic of the Angkorian period (9th to 15th 
century). Khmer ceramic production primarily concerned functional 
vessels (vases, pots, etc.) but also included sculptures of figurines 
and architectural or other decorative elements. Angkorian period 
vessels were generally turned on a wheel and fired in kilns. Vessels 
range in size from

[[Page 64377]]

around five to at least 70 cm. in height. Glaze colors are fairly 
limited and include creamy white, pale green (color of Chinese tea), 
straw-yellow, reddish-brown, brown, olive, and black. Light colors are 
generally glossy, while darker colors can be glossy or matte. Some two-
colored wares, primarily combining pale green and brown, are also 
known. Decoration is relatively subtle, limited to incisions of graphic 
designs (criss-crosses, striations, waves, etc.), some sculpted decor 
such as lotus petal shapes, and molding (ridges, grooves, etc.); some 
applied work is also seen. Most decoration is found on shoulders and 
necks, as on lids; footed vessels are typically beveled at the base. 
Many wasters (imperfect pieces) are found and are also subject to 
illicit trade.
1. Sculpture
    Ceramic sculpture known to have been produced in Cambodia proper 
largely concerns architectural elements. Though some figurines are 
known and are of notable refinement, statuary and reliefs in ceramics 
seem to be more characteristic of provincial production.
    a. Architectural Elements--Some pre-Angkorian, Angkorian, and post-
Angkorian period buildings, primarily but not exclusively royal or 
upper-class habitation, were roofed with ceramic tiles. The tiles 
include undecorated flat tiles and convex and concave pieces fitted 
together; a sculpted eave tile was placed as a decoration at the end of 
each row of tiles. These pieces were produced in molds and can be 
earthenware or stoneware (the latter unglazed or glazed). The unglazed 
pieces are orange in color; the glazed pieces are creamy white to pale 
green. Spikes placed at the crest of roof vaults can also be made in 
ceramics. These spikes were fit into a cylinder, also made of ceramics, 
which was itself fitted into the roof vault. Architectural ceramics 
sometimes have human heads and anthropomorphic or zoomorphic features.
    b. Figurines and Ritual Objects--Figurines, statuettes, or plaques 
can include human, hybrid (part-human, part-animal), and animal 
figures. These are typically small in size (around 10 cm.). Ritual 
objects found in Cambodia proper are limited primarily to pieces in the 
shape of a conch shell, used for pouring sacral water or as blowing 
horns.
2. Vessels
    a. Lidded Containers--Examples include round lidded boxes with 
incised or sculpted decoration, bulbous vases with lids, and jars with 
conical multi-tiered lids. Lids themselves include conical shapes and 
convex lids with knobs.
    b. Lenticular Pots--Pots of depressed globular form are commonly 
referred to as lenticular pots. The mouth of the vessel is closed with 
a stopper.
    c. Animal-shaped Pots--The depressed globular form can take animal 
shapes, with applied animal head, tail, or other body parts that can 
serve as handles. The animal-shaped pot is also found in other forms. 
Animal-shaped pots often contain remains of white lime, a substance 
used in betel nut chewing. Shapes include bulls, elephants, birds, 
horses, and other four-legged creatures.
    d. Human-shaped Pots--Anthropomorphic vessels often have some 
applied and incised decoration representing human appendages, features, 
or clothing. The vessels are usually gourd-shaped bottles.
    e. Bottles--This category includes a variety of vessels with raised 
mouths.
    f. Vases--A variety of vases are grouped together under this 
general heading. Some are flat based and bulbous or conical. Others 
have pedestal feet. Some are characterized by their elongated necks. 
The ``baluster vases,'' for which Khmer ceramics are particularly 
known, have pedestal feet, conical bodies, relatively long necks, and 
flared mouths.
    g. Spouted pots--These are kendi vessels, usually in the ``baluster 
vase'' form, that have short pouring spouts attached to the shoulder. 
Some spouted pots also have ring handles on the opposite shoulder.
    h. Large jars--Large barrel-shaped jars or vats have flat bases, 
wide mouths, short necks, and flattened everted rims. They are always 
iron glazed.
    i. Bowls--Bowls with broad, flat bases and flaring walls that are 
either straight or slightly concave, ending in plain everted or 
incurving rims, usually have green or yellowish glaze, although some 
brown-glazed bowls are known. Some are decorated with incised lines 
just below the rim. Most have deep flanges above the base; some are 
plain. Small hemispherical cups on button bases bear brown glaze. 
Another form is the bowl on a pedestal foot.

D. Glass

    Bronze and Iron Age glass beads are usually very small (1-2 mm. 
across) and come in a range of colors from blue, green, red, and white. 
Other artifacts made of glass include spiral earrings and triangular 
bangle bracelets. The bracelets are light to dark green or blue-green 
and translucent.

E. Bone

    Bone (and sometimes ivory or horn) beads, bangles, pendants, and 
combs are found at Bronze and Iron Age sites.

F. Wood

    Archaeological wooden objects include architectural materials, free 
standing statues, and decorative wood used for religious and domestic 
purposes. The earliest wooden Buddhist images were produced during the 
pre-Angkorian period in the region of southern provinces, especially 
located in the Mekong delta, like the Angkor Borei site. Wooden 
archaeological materials date from 2500 B.C.-A.D. 1750. However, most 
architectural materials, wooden statues and decorative objects were 
found from the 9th century until A.D. 1750.
1. Architectural Elements
    Includes wooden beams and ceiling panels. Ceiling panels are often 
decorated with floral motifs.
2. Human and Hybrid (Part-Human, Part-Animal) Figures
    Examples include free-standing sculptures including Buddhist 
sculptures, human and hybrid (half-human, half-animal) figures. Free 
standing sculpture was often on a rectangular, round, or square 
pedestal base. Bases may or may not have decoration.
3. Animal Figures
    Examples include birds, bulls, elephants, lions, and mythical 
animals.
4. Domestic Objects
    Includes wooden tools and implements used for farming and fishing, 
and weapons.

II. Ethnological Material

    Restricted ethnological material from Cambodia includes the 
categories listed below. The following list is representative only.

A. Architectural Materials

1. Wooden Architectural Materials
    Includes carved wooden architectural elements from monasteries and 
pagodas, dating from A.D. 1400 through 1891. Architectural pieces (some 
of which may be lacquered) include apexes; ceilings; columns; 
decorative balusters; doors; finials; panel paintings; pediments and 
pediment facia boards; pilasters; pillars; roofs, roof supports, and 
eaves; wall plaques; wall bars; and windows. Some carved architectural 
material may be decorated with animal, animal/human hybrid, or other 
mythical figures.

[[Page 64378]]

2. Stone Architectural Materials
    Simas are often decorated and carved stone pillars placed around 
the vihara of Buddhist monasteries at each of the eight compass 
directions marking the place where monks performed rituals. Sima forms 
are typically a decorative pillar with a conical top carved in various 
shapes. Some sima forms are spherical. The tops of simas are often 
gently peaked and may have Buddhist iconography. Decorative carved 
motifs typically include animals, Buddha's life stories, worshipers, 
and/or vegetal motifs. Simas that date from A.D. 1400 through 1891 are 
included.

B. Manuscripts

    Includes handwritten manuscripts on paper or palm leaf dating from 
A.D. 1400 through 1891. May be bound or in single sheets or leaves.
1. Palm Leaf Manuscripts
    Palm leaf manuscripts can be in single leaves or bound into 
volumes. The scripts are typically Khmer Mul script or Pali-Khmer. The 
text on palm leaf manuscripts tends to be incised and blackened. Palm 
leaf manuscripts typically discuss Buddhist scripture, sermons, legal 
writings, classical literary texts, secular topics, and poetry. 
Includes materials used to bind palm leaf manuscripts.
2. Paper Manuscripts
    Paper manuscripts can be single sheets or in a folded book form. 
Paper was usually crafted from mulberry bark. Paper can be in a natural 
cream color with text written in black ink, or it can be blackened, and 
text written either with white chalk, a yellow gamboge ink or gold ink. 
Two main styles of Khmer script found on paper manuscripts include 
aksar chrieng (slanted script) and aksar mul (round script). Paper 
manuscripts typically discuss Buddhist scripture, sermons, prophesies, 
and medicine.

C. Religious Objects

1. Wooden Statues and Statuettes
    Includes statues of adorned and unadorned Buddhas dating from A.D. 
1400 through 1891. May be seated or standing. Bases may be carved, 
often with a lotus design. Wooden statues may be decorated with red 
lacquer, black lacquer, gold leaf, paint, and/or incrustations of 
glass. Standing statues typically range from 80 cm. to three meters in 
height. Smaller statuettes typically range from 50 to 70 cm. in height.
2. Metal Statues and Statuettes
    Includes statues of adorned and unadorned Buddhas dating from A.D. 
1400 through 1891. May be seated or standing. Bases may be carved, 
often with a lotus design. Heights vary, typically between 14 to 40 cm. 
Often crafted in bronze or silver.
3. Religious Objects
    Includes both symbolic and anthropomorphic objects, bells, chariot 
fixtures, percussion instruments including varying sizes of gongs and 
cymbals, ritual candle holders (popil), and betel containers made of 
bronze dating from A.D. 1400 through 1891.

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

Executive Order 12866

    CBP has determined that this document is not a regulation or rule 
subject to the provisions of Executive Order 12866 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.

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.
    Troy A. Miller, the Senior Official Performing the Duties of the 
Commissioner, having reviewed and approved this document, has delegated 
the authority to electronically sign this document to the Director (or 
Acting Director, if applicable) of the Regulations and Disclosure Law 
Division for CBP, for purposes of publication in the Federal Register.

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise, Reporting and recordkeeping requirements.

Amendment to the 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 in paragraph (a) is amended by revising 
the entry for Cambodia to read as follows:


Sec.  12.104g  Specific items or categories designated by agreements or 
emergency actions.

    (a) * * *

----------------------------------------------------------------------------------------------------------------
               State party                             Cultural property                     Decision No.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Cambodia................................  Archaeological material of Cambodia         CBP Dec. 23-11.
                                           ranging from approximately 2,500 B.C. to
                                           A.D. 1750, and ethnological material of
                                           Cambodia ranging from approximately A.D.
                                           1400 to 1891.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 64379]]

* * * * *

Robert F. Altneu,
Director Regulations & Disclosure Law Division, Regulations & Rulings, 
Office of Trade U.S. Customs and Border Protection.
    Approved:
Thomas C. West, Jr.,
Deputy Assistant Secretary of the Treasury for Tax Policy.
[FR Doc. 2023-20335 Filed 9-18-23; 8:45 am]
BILLING CODE 9111-14-P


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