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

Saturdays, Sundays, and legal public

holidays). Extensions shall be made by

written notice to the requester setting

forth the reasons for the extension and

the date on which a determination is

expected to be dispatched. As used in

this paragraph, ‘‘unusual

circumstances’’ means, but only to the

extent reasonably necessary to the

proper processing of the request:

(1) The need to search for and collect

the requested records from facilities or

other establishments that are separate

from the office processing the request;

(2) The need to search for, collect, and

appropriately examine a voluminous

amount of separate and distinct records

which are demanded in a single request;

or

(3) The need for consultation, which

shall be conducted with all practicable

speed, with another agency having a

substantial interest in the determination

of the request or among two or more

components of the agency having a

substantial subject matter interest

therein.

(e) A requester may obtain, upon

request, expedited processing of a

request for records when the requester

demonstrates a ‘‘compelling need’’ for

the information. The Freedom of

Information Officer will notify the

requester within 10 calendar days after

receipt of such a request whether the

Corporation granted expedited

processing. If expedited processing was

granted, the request will be processed as

soon as practicable.

(1) For the purposes of this paragraph,

‘‘compelling need’’ means:

(i) That a failure to obtain requested

records on an expedited basis could

reasonably be expected to pose an

imminent threat to the life or physical

safety of an individual; or

(ii) With respect to a request made by

a person primarily engaged in

disseminating information, urgency to

inform the public concerning actual or

alleged Federal Government activity.

(2) A requester shall demonstrate a

compelling need by a statement certified

by the requester to be true and correct

to the best of such person’s knowledge

and belief.

(3) The procedures of this paragraph

(e) for expedited processing apply to

both requests for information and to

administrative appeals.

Dated: September 17, 1997.

Floyd Fithian,

Secretary, Farm Credit System Insurance

Corporation Board.

[FR Doc. 97–25237 Filed 9–22–97; 8:45 am]

BILLING CODE 6710–01–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 12

[T.D. 97–80]

RIN 1515–AC22

Import Restrictions Imposed on

Archaeological Artifacts From Mali

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations to reflect the

imposition of import restrictions on

culturally significant archaeological

artifacts from the region of the Niger

River Valley of Mali and the Bandiagara

Escarpment (Cliff), Mali. These

restrictions are being imposed pursuant

to an agreement between the United

States and Mali that has been entered

into under the authority of the

Convention on Cultural Property

Implementation Act in accordance with

the United Nations Educational,

Scientific and Cultural Organization

(UNESCO) Convention on the Means of

Prohibiting and Preventing the Illicit

Import, Export and Transfer of

Ownership of Cultural Property. The

document also contains the Designated

List of Archaeological Material that

describes the articles to which the

restrictions apply. These import

restrictions imposed pursuant to the

bilateral agreement between the United

States and Mali continue the import

restrictions that were imposed on an

emergency basis in 1993. Accordingly,

this document amends the Customs

Regulations by removing Mali from the

listing of countries for which emergency

actions imposed the import restrictions

and adding Mali to the list of countries

for which an agreement has been

entered into for imposing import

restrictions.

EFFECTIVE DATE: September 23, 1997.

FOR FURTHER INFORMATION CONTACT:

(Legal Aspects) Donnette Rimmer,

Intellectual Property Rights Branch

(202) 482–6960; (Operational Aspects)

Joan E. Sebanaler, Trade Operations

(202) 927–0402.

SUPPLEMENTARY INFORMATION:

Background

The value of cultural property,

whether archaeological or ethnological

in nature, is immeasurable. Such items

often constitute the very essence of a

society and convey important

information concerning a people’s

origin, history, and traditional setting.

The importance and popularity of such

items regrettably makes them targets of

theft, encourages clandestine looting of

archaeological sites, and results in their

illegal export and import.

The U.S. shares in the international

concern for the need to protect

endangered cultural property. The

appearance in the U.S. of stolen or

illegally exported artifacts from other

countries where there has been pillage

has, on occasion, strained our foreign

and cultural relations. This situation,

combined with the concerns of

museum, archaeological, and scholarly

communities, was recognized by the

President and Congress. It became

apparent that it was in the national

interest for the U.S. to join with other

countries to control illegal trafficking of

such articles in international commerce.

The U.S. joined international efforts

and actively participated in

deliberations resulting in the 1970

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)). U.S. acceptance of

the 1970 UNESCO Convention was

codified into U.S. law as the

‘‘Convention on Cultural Property

Implementation Act’’ (Pub.L. 97–446, 19

U.S.C. 2601 et seq.) (‘‘the Act’’). This

was done to promote U.S. leadership in

achieving greater international

cooperation towards preserving cultural

treasures that are of importance not only

to the nations whence they originate,

but also to greater international

understanding of mankind’s common

heritage. The U.S. is, to date, the only

major art importing country to

implement the 1970 Convention.

During the past several years, import

restrictions have been imposed on an

emergency basis on archaeological and

ethnological artifacts of a number of

signatory nations as a result of requests

for protection received from those

nations as well as pursuant to bilateral

agreements between the United States

and other countries.

Mali has been one of the countries

whose archaeological material has been

afforded emergency protection. In T.D.

93–74, § 12.104g(b), Customs

Regulations, (19 CFR § 12.104g(b)) was

amended to reflect that archaeological

material from the region of the Niger

River Valley in Mali and the Bandiagara

Escarpment (Cliff) in Mali forming part

of the remains of the ancient sub-Sahara

culture received import protection

under the emergency protection

provisions of the Act.

Import restrictions are now being

imposed on these same archaeological

artifacts from Mali as the result of a
Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations 49595

bilateral agreement entered into

between the United States and Mali.

This agreement was entered into on

September 19, 1997, pursuant to the

provisions of 19 U.S.C. 2602. Protection

of the archaeological material from the

region of the Niger River Valley in Mali

and the Bandiagara Escarpment (Cliff) in

Mali previously reflected in § 12.104g(b)

will be continued through the bilateral

agreement without interruption.

Accordingly, § 12.104g(a) of the

Customs Regulations is being amended

to indicate that restrictions have been

imposed pursuant to the agreement

between the United States and Mali and

the emergency import restrictions on

certain archaeological material from

Mali is being removed from 12.104g(b)

as those restrictions are now

encompassed in § 12.104g(a).

Material and Sites Encompassed in

Import Restrictions

In reaching the decision to

recommend that negotiations for an

agreement with Mali should be

undertaken to continue the imposition

of import restrictions on certain

archaeological material from Mali, the

Deputy Director of the United States

Information Agency made a

determination that the cultural

patrimony of Mali continues to be in

jeopardy from pillage of irreplaceable

materials representing Mali heritage and

that the pillage is endemic and

substantially documented with respect

to sites in the region of the Niger River

Valley and the Bandiagara Escarpment

(Cliff) of Mali. The Deputy Director

listed the following archaeological

material from the following sites as

those that are in need of protection.

Material

Archaeological material from sites in

the region of the Niger River Valley and

the Bandiagara Escarpment (Cliff), Mali,

dating from approximately the Neolithic

period to approximately the 18th

century, identifiable by unique stylistic

features, by medium, and where

possible, by historic and cultural

context. This archaeological material

includes, but is not limited to: terra

cotta statues depicting anthropomorphic

and zoomorphic figures and terra cotta

common vessels; copper and copper

alloy materials, such as bronze, from

which have been produced figurines

and other objects such as pendants,

finger bells, bells and bracelets; iron

figures; and glass beads. Other

archaeological material is identifiable as

coming from the Tellem burial caves of

the Bandiagara Escarpment (Cliff) and

includes, but is not limited to: iron

headrests; rings; bracelets; hairpins;

fingerbells; bronze pendants; carved

wood anthropomorphic and zoomorphic

figures; carved wood headrests; wood

bowls, spoons, hoes, axes, bows, arrows

quivers, flutes, harps and drums; leather

sandals, boots, knife-sheaths and plaited

bracelets; ritual and utilitarian pottery,

three/four-footed ceramic bowls; textiles

of cotton and wool that are the remnants

of tunics and coifs, blankets, skirts;

organic fiber from which belts were

made; glass beads; stone (carnelian)

beads; and stone (quartz) lip plugs.

Sites

Sites include, but are not limited to:

Djenne and Guimbala of the Inland

Niger Delta; Bougouni of the Upper

Valley of the Niger River; and the

Bandiagara Escarpment (Cliff); and are

recognized to be of high cultural

significance. These sites represent a

continuum of civilizations from the

Neolithic period to the colonial

occupation of the 18th century, and

lend an archaeological significance to

the region.

Designated List

The bilateral agreement between Mali

and the United States covers the

material set forth in a Designated List of

Archaeological Material from the Region

of the Niger River Valley, Mali and the

Bandiagara Escarpment (Cliff), Mali,

which is set forth below. Importation of

articles on this list is restricted unless

the articles are accompanied by

documentation certifying that the

material left Mali legally and not in

violation of the export laws of Mali.

Archaeological Material From the

Region of the Niger River Valley, Mali

and the Bandiagara Escarpment (Cliff),

Mali

The following categories of material

are restricted from importation into the

U.S. unless accompanied by a verifiable

export certificate issued by the

Government of Mali—archaeological

material from the Region of the Niger

River Valley, Mali and the Bandiagara

Escarpment (Cliff), Mali, that includes,

but is not limited to, the categories

listed below. As this region is further

excavated, other types of material may

be found and added to an amended list.

The following list is representative only.

Any dimensions are approximate.

I. Ceramics/Terra Cotta/Fired Clay

Types of ceramic forms (stylistically

known as Djenne-jeno or Jenne,

Bankoni, Guimbala, Bambara, Bougouni

and other stylistic labels) that are

known to come from the region include,

but are not limited to:

A. Figures/Statues.

1. Anthropomorphic figures, often

incised, impressed and with added

motifs, such as scarification marks

and serpentine patterns on their

bodies, often depicting horsemen or

individuals sitting, squatting,

kneeling, embracing, or in a

position of repose, arms elongated

the length of the body or crossed

over the chest, with the head tipped

backwards. (H: 6–30 in.)

2. Zoomorphic figures, often depicting

a snake motif on statuettes or on the

belly of globular vases. Sometimes

the serpent is coiled in an

independent form. A horse motif is

common, but is usually mounted.

Includes quadrupeds. (H: 6–30 in.)

B. Common Vessels.

1. Funerary jars, ocher in color, often

stamped with chevrons. (H: 50 to 80

cm.)

2. Globular vases often stamped with

chevrons and serpentine forms. (H:

under 10 in.)

3. Bottles with a long neck and a belly

that is either globular or

streamlined. Some have lids shaped

like a bird’s head.

4. Ritual pottery of the Tellem culture,

decorated with a characteristic

plaited roulette.

a. Pot made on a convex mold built

up by coiling.

b. Hemispherical pot made on three or

four legs or feet resting on a stand.

(H: 18 cm.)

5. Kitchen pottery of the Tellem

culture with the paddle-and-anvil

technique decorated with

impressions from woven mats. (H:

20 cm.)

II. Leather

Objects of leather found in Tellem

funerary caves of the Bandiagara

Escarpment include, but are not limited

to:

A. Clothing.

1. Sandals often decorated and

furnished with a leather ankle

protection.

2. Boots profusely painted with

geometric designs.

3. Plaited bracelets.

4. Knife-sheaths.

5. Loinskin.

6. Bag.

III. Metal

Objects of metal from the region of the

Niger River Valley and the Bandiagara

Escarpment include the following

components:

A. Copper and Copper Alloy (Such as

Bronze).

1. Figures/Statues.

a. Anthropomorphic figures,
49596 Federal Register / Vol. 62, No. 184 / Tuesday, September 23, 1997 / Rules and Regulations

including equestrian figures and

kneeling figures. (Some are

miniatures no taller than 2 inches;

others range from 6 to 30 inches).

b. Zoomorphic figures, such as the

bull and the snake.

2. Bells (4–5 in.) and finger bells (2–

3 in.).

3. Pendants, known to depict a bull’s

head or a snake. (H: 2–4 in.)

4. Bracelets, known to depict a snake

(5–6 in.).

5. Bracelets, known to be shaped as a

head and antelope (3–4 in.).

B. Iron.

1. Figures/Statues.

a. Anthropomorphic figures. (H: 5–30

in.)

b. Zoomorphic figures, sometimes

representing a serpent. (H: 5–30 in.)

2. Headrests of the Tellem culture.

3. Ring-bells or fingerbells of the

Tellem culture.

4. Bracelets and armlets of the Tellem

culture.

5. Hairpins, twisted and voluted, of

the Tellem culture.

IV. Stone

Objects of stone usually found in

Tellem funerary caves of the Bandiagara

Escarpment include, but are not limited

to:

A. Carnelian beads (faceted).

B. Quartz lip plugs.

V. Glass Beads

Glass beads have been recovered in

the Tellem funerary caves and in

archaeological sites in the region of the

Niger River Valley.

VI. Textiles

Textile objects, or fragments thereof,

have been recovered in the Tellem

funerary caves of the Bandiagara

Escarpment and include, but are not

limited to:

A. Cotton.

1. Tunics.

2. Coifs.

3. Blankets.

B. Vegetable Fiber.

Skirts, aprons and belts—made of

twisted and intricately plaited

vegetable fiber.

C. Wool.

Blankets.

VII. Wood

Objects of wood may be found

archaeologically (in funerary caves of

the Tellem or Dogon peoples in the

Bandiagara Escarpment, for example).

Archaeological Material of Wood

Following are representative

examples of wood objects usually found

archaeologically:

A. Figures/Statues.

1. Anthropomorphic figures—usually

with abstract body and arms raised

standing on a platform, sometimes

kneeling. (H: 10–24 in.)

2. Zoomorphic figures—depicting

horses and other animals. (H: 10–24

in.)

B. Headrests.

C. Household Utensils.

1. Bowls.

2. Spoons—carved and decorated.

D. Agricultural/Hunting Implements.

1. Hoes and axes—with either a

socketed or tanged shafting without

iron blades.

2. Bows—with a notch and a hole at

one end and a hole at the other with

twisted, untanned leather straps for

the ‘‘string’’.

3. Arrows, quivers.

4. Knife sheaths.

E. Musical Instruments.

1. Flutes with end blown, bi-toned.

2. Harps.

3. Drums.

Inapplicability of Notice and Delayed

Effective Date

Because the amendment to the

Customs Regulations contained in this

document imposing import restrictions

on the above-listed Malian cultural

property is being made in response to a

bilateral agreement entered into in

furtherance of the foreign affairs

interests of the United States, pursuant

to section 553(a)(1) of the

Administrative Procedure Act, (5 U.S.C.

553(a)(1)), no notice of proposed

rulemaking or public procedure is

necessary. For the same reason, a

delayed effective date is not required.

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.

Accordingly, this final rule is not

subject to the regulatory analysis or

other requirements of 5 U.S.C. 603 and

604.

Executive Order 12866

This amendment does not meet the

criteria of a ‘‘significant regulatory

action’’ as described in E.O. 12866.

Drafting Information

The principal author of this document

was Keith B. Rudich, Esq., Regulations

Branch, Office of Regulations and

Rulings, U.S. Customs Service.

However, personnel from other offices

participated in its development.

List of Subjects in 19 CFR Part 12

Customs duties and inspections,

Imports, Cultural property.

Amendment to the Regulations

Accordingly, Part 12 of the Customs

Regulations (19 CFR part 12) is

amended as set forth below:

PART 12—[AMENDED]

1. The general authority and specific

authority citation for part 12, in part,

continue to read as follows:

Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202

(General Note 20, Harmonized Tariff

Schedule of the United States (HTSUS)),

1624;

* * * * *

Sections 12.104 through 12.104i also

issued under 19 U.S.C. 2612;

* * * * *

2. In § 12.104g, paragraph (a) the list

of agreements imposing import

restrictions on described articles of

cultural property of State Parties is

amended by adding Mali in appropriate

alphabetical order as follows:

§ 12.104g [Amended]

State Cultural property T.D. No.

* * * * * * *

Mali ............................................................................................... Archaeological material from the Niger River Valley Region,

Mali, and the Bandiagara Escarpment (Cliff) forming part of

the remains of the sub-Sahara culture..

T.D. 97–80

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

3. In § 12.104(g), paragraph (b), the list

of emergency actions imposing import

restrictions on described articles of

cultural property of State parties is

amended by removing the entry for

‘‘Mali’’ in its entirety.

Samuel H. Banks,

Acting Commissioner of Customs.

Dated: September 12, 1997.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 97–25342 Filed 9–19–97; 2:01 pm]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

Customs Service Treasury Decisions

19 CFR Part 134

[T.D. 97–79]

Country of Origin Marking Guidance

for Containers of Imported Fruit Juice

Concentrate

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Policy statement.

SUMMARY: The purpose of this document

is to remind the public of the existing

Customs Service’s interpretation of the

application of the country of origin

marking law to imported fruit juice

concentrate. Customs has previously

published guidance on application of

the marking law to imported juice

concentrate in Treasury Decision (T.D.)

89–66. In recognition of the fact that

accounting for all minor foreign sources

on the label may make compliance with

the marking law prohibitively

expensive, fruit juice processors have

been permitted to comply with marking

requirements by ‘‘major supplier

marking.’’ Customs permits ‘‘major

supplier marking’’ as an acceptable

method of compliance. Processors may

list up to ten countries if they account

for at least 75 percent of foreign

concentrate used. Additionally, the

sources listed on a juice container must

indicate the sources actually used in

that lot, not the sources used in a

representative past importing period.

The full name of the country of origin

must be used unless Customs has

authorized abbreviations which

unmistakably reflect the country of

origin to the ultimate purchaser.

FOR FURTHER INFORMATION CONTACT:

David Cohen, Special Classification and

Marking Branch (202–482–6980).

SUPPLEMENTARY INFORMATION:

Background

In accordance with 19 U.S.C. 1304,

and 19 CFR Part 134, Customs ensures

that imported fruit juice concentrate

entering the U.S. in large containers,

e.g., tanker cars and multi-gallon drums,

is properly marked to show country of

origin. However, the country of origin

marking requirements set forth in this

document are those pertaining to

labeling that must appear on packages of

concentrated or reconstituted fruit juice

containing imported concentrate that

reach ultimate purchasers. The purpose

of this document is to remind the public

of these requirements.

Customs Service Decision (C.S.D.) 85–

47 (Headquarters Ruling Letter (HRL)

728557, dated September 4, 1985) held

that containers of orange juice in frozen

concentrated or reconstituted forms

which contain imported concentrate,

must be marked on the labels with the

foreign country of origin of the

products. This decision was based on

the determination that the imported

foreign orange juice concentrate used in

the production of frozen concentrated or

reconstituted orange juice is not

substantially transformed after

undergoing further processing in the

U.S., including blending with other

batches of orange concentrate, addition

of water, oils and essences,

pasteurization or freezing, and

repacking. Customs determined that the

frozen concentrated or reconstituted

orange juice did not emerge from the

processing as a new article with a new

name, character, and use. United States

v. Gibson-Thomsen Co., 27 C.C.P.A.

267, (C.A.D. 98) (1940).

By a notice published in the Federal

Register on July 30, 1986 (51 FR 27195),

Customs announced that the country of

origin marking requirements of orange

juice set forth in C.S.D. 85–47, later

upheld substantively in National Juice

Products Association v. United States,

10 Ct. Int’l Trade 48, 628 F. Supp. 978

(1986), were extended to include all

other imported fruit juice concentrate

which undergoes processing in the U.S.

similar to that performed on orange

juice concentrate. Therefore, all frozen

concentrated or reconstituted fruit

juices made with foreign concentrate

processed in a manner similar to that

described in C.S.D. 85–47 must be

marked to indicate the country of origin

of the foreign concentrate. This position

has been in effect since February 1,

1987. T.D. 86–120 (51 FR 23045 (June

25, 1986)).

Customs does not require ‘‘all sources

marking’’ on containers of juice made

with imported concentrate. Customs

allows ‘‘major supplier marking’’ as an

acceptable method of compliance for

marking of imported juice concentrate.

Major supplier marking permits

processors to list up to ten foreign

sources to account for 75 percent or

more of imported concentrate. Customs

concluded from previous consultations

with those in the juice industry that in

the majority of circumstances, five or

fewer sources will account for at least

75 percent of foreign concentrate

present in a lot, and that in virtually all

cases, ten or fewer sources will account

for 75 percent of the foreign concentrate.

If ten sources do not amount to 75

percent of foreign concentrate, then all

foreign sources must be listed. For

purposes of complying with this

requirement, ‘‘lot’’ is defined as it is in

Food and Drug Administration

regulations, 21 CFR 146.3(h)(1)(i), as

‘‘[a] collection of primary containers or

units of the same size, type, and style

manufactured or packed under similar

conditions and handled as a single unit

of trade.’’ ‘‘Manufactured or packed

under similar conditions’’ is defined, for

purposes of compliance with 19 U.S.C.

1304, as all the containers or units

containing the same blend of foreign

concentrates.

The listing of foreign sources must

consist of the countries contributing the

greatest percentages adding up to at

least 75 percent. For example,

processors may not skip over an

‘‘undesirable’’ source contributing 10

percent in order to list the next two

‘‘unobjectionable’’ sources contributing

five percent each. However, the order

within the list need not change based on

ranking. For example, if a processor is

blending foreign concentrates from two

countries contributing 60 and 15

percent, respectively, and the two

countries reversed proportions, the

same label could be used on both lots.

In addition, Customs reminds the

public that section 134.45, Customs

Regulations (19 CFR 134.45), provides

that:

Except as otherwise provided in * * * this

section, the markings required by this part

shall include the full English name of the

country of origin, unless another marking to

indicate the English name of the country of

origin is specifically authorized by the

Commissioner of Customs * * *.

Only authorized abbreviations which

unmistakably indicate the name of a

country, such as ‘‘Gt. Britain’’ for ‘‘Great

Britain’’ or ‘‘Luxemb’’ and ‘‘Luxembg’’

for ‘‘Luxembourg’’ are acceptable and

variant spellings which clearly indicate

the English name of the country of

origin, such as ‘‘Brasil’’ for ‘‘Brazil’’ and

‘‘Italie’’ for ‘‘Italy,’’ are acceptable.

Rulings may be obtained from the