2838 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Rules and Regulations 

States, to provide fingerprints, 

photograph(s) or other specified 

biometric identifiers, documentation of 

his or her immigration status in the 

United States, and such other evidence 

as may be requested to determine the 

alien’s identity and whether he or she 

has properly maintained his or her 

status while in the United States and/or 

whether he or she is admissible. The 

failure of an alien at the time of 

inspection to comply with any 

requirement to provide biometric 

identifiers may result in a determination 

that the alien is inadmissible under 

section 212(a) of the Immigration and 

Nationality Act or any other law. 

* * * * * 

Paul A. Schneider, 

Deputy Secretary. 

[FR Doc. E9–988 Filed 1–15–09 8:45 am] 

BILLING CODE 9111–9P–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 274a 

[CIS No. 2441–08; Docket No. USCIS–2008– 

0001] 

RIN 1615–AB69 

Documents Acceptable for 

Employment Eligibility Verification; 

Correction 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Interim rule; Correction. 

SUMMARY: With this amendment, the 

Department of Homeland Security 

(DHS) corrects two inadvertent errors 

that were made in the Employment 

Eligibility Verification interim rule 

published in the Federal Register on 

December 17, 2008, at 73 FR 76505. 

DATES: Effective Date: Effective February 

2, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen McHale, Verification Division, 

U.S. Citizenship and Immigration 

Services, Department of Homeland 

Security, 470 L’Enfant Plaza East, SW., 

Suite 8001, Washington, DC 20529, 

telephone (888) 464–4218 or e-mail at 

Everify@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

On December 17, 2008, U.S. 

Citizenship and Immigration Services 

(USCIS) published an interim rule at 73 

FR 76505 amending its regulations 

governing the types of acceptable 

identity and employment authorization 

documents and receipts that employees 

may present to their employers for 

completion of the Form I–9, 

Employment Eligibility Verification. 

The rule inadvertently included 

extraneous language in two paragraphs 

at 8 CFR 274a.2(b)(1)(vi)(B)(1) and (2). 

These paragraphs describe a type of 

receipt that can be presented by lawful 

permanent residents to their employers 

in lieu of the Form I–551, Permanent 

Resident Card, for completion of the 

Form I–9. 

As explained in the preamble on page 

76507, column 3, in the first sentence 

under the paragraph heading, ‘‘Adding 

references to Form I–94A,’’ (see also the 

last sentence under the paragraph 

heading, ‘‘C. Revising References to 

Temporary I–551s’’), the only change 

the rule was making to 8 CFR 

274a.2(b)(1)(vi)(B) was to add references 

to the Form I–94A next to each 

reference to the Form I–94, ArrivalDeparture Record. In error, the 

regulatory text amending 8 CFR 

274a.2(b)(1)(vi)(B)(1) at 73 FR 76511 

inadvertently included the extraneous 

language, ‘‘with an unexpired foreign 

passport’’ in the sentence, ‘‘Presents the 

arrival portion of Form I–94 or Form I– 

94A with an unexpired foreign passport 

containing an unexpired ‘Temporary I– 

551’ stamp and a photograph of the 

individual, which is designated for 

purposes of this section as a receipt for 

Form I–551;’’. 

In addition, the regulatory text 

amending 8 CFR 274a.2(b)(1)(vi)(B)(2) 

inadvertently included the extraneous 

language, ‘‘or statement,’’ in the 

sentence, ‘‘Presents the Form I–551 by 

the expiration date of the ‘Temporary I– 

551’ stamp or, if the stamp or statement 

has no expiration date, within one year 

from the issuance date of the arrival 

portion of the Form I–94 or Form I– 

94A;’’. Note that DHS places only 

Temporary I–551 ‘‘stamps’’ and not 

Temporary I–551 ‘‘statements’’ on 

Forms I–94 when issuing temporary 

evidence of lawful permanent resident 

status using Forms I–94. 

This document corrects these two 

errors by removing the extraneous 

language from the regulatory text. 

List of Subjects in 8 CFR Part 274a 

Administrative practice and 

procedure, Aliens, Employment, 

Penalties, Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, FR Doc E8–29874, beginning 

on page 76505 in the Federal Register 

of Wednesday, December 17, 2008, the 

following corrections are made: 

■ 1. On page 76511, in the third column, 

in § 274a.2, paragraphs (b)(1)(vi)(B)(1) 

and (2) are corrected to read as follows: 

§ 274a.2 Verification of identity and 

employment authorization. 

* * * * * 

(b) * * * 

(1) * * * 

(vi) * * * 

(B) * * * 

(1) Presents the arrival portion of 

Form I–94 or Form I–94A containing an 

unexpired ‘‘Temporary I–551’’ stamp 

and a photograph of the individual, 

which is designated for purposes of this 

section as a receipt for Form I–551; and 

(2) Presents the Form I–551 by the 

expiration date of the ‘‘Temporary I– 

551’’ stamp or, if the stamp has no 

expiration date, within one year from 

the issuance date of the arrival portion 

of the Form I–94 or Form I–94A; or 

* * * * * 

Dated: January 13, 2009. 

Michael Aytes, 

Acting Deputy Director, U.S. Citizenship and 

Immigration Services. 

[FR Doc. E9–909 Filed 1–15–09; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Part 12 

[CBP Dec. 09–03] 

RIN 1505–AC08 

Import Restrictions Imposed on 

Certain Archaeological Material from 

China 

AGENCIES: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

U.S. Customs and Border Protection 

(CBP) regulations to reflect the 

imposition of import restrictions on 

certain archaeological material from the 

People’s Republic of China (China). 

These restrictions are being imposed 

pursuant to an agreement between the 

United States and China 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 

final rule amends CBP regulations by 

adding China to the list of countries for 


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which a bilateral agreement has been 

entered into for imposing cultural 

property import restrictions. The final 

rule also contains the designated list 

that describes the types of 

archaeological articles to which the 

restrictions apply. 

DATES: Effective Date: January 16, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

legal aspects, George Frederick McCray, 

Esq., Chief, Intellectual Property Rights 

and Restricted Merchandise Branch, 

Regulations and Rulings, Office of 

International Trade, (202) 325–0082. For 

operational aspects, Michael Craig, 

Chief, Interagency Requirements 

Branch, Trade Policy and Programs, 

Office of International Trade, (202) 863– 

6558. 

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 United States shares in the 

international concern for the need to 

protect endangered cultural property. 

The appearance in the United States 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 United States to 

join with other countries to control 

illegal trafficking of such articles in 

international commerce. 

The United States joined international 

efforts and actively participated in 

deliberations resulting in 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)). 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 to the 

nations from where they originate and 

contribute to greater international 

understanding of our common heritage. 

Since the Act entered into force, 

import restrictions have been imposed 

on the archaeological and ethnological 

materials of a number of signatory 

nations. These restrictions have been 

imposed as a result of requests for 

protection received from those nations. 

More information on import restrictions 

can be found on the International 

Cultural Property Protection Web site 

(http://culturalheritage.state.gov). 

This document announces that import 

restrictions are now being imposed on 

certain archaeological materials from 

China (for a definition of China, please 

see http://www.state.gov/s/inr/rls/ 

4250.htm). 

Determinations 

Under 19 U.S.C. 2602(a)(1), the 

United States must make certain 

determinations before entering into an 

agreement to impose import restrictions 

under 19 U.S.C. 2602(a)(2). On May 13, 

2008, the Assistant Secretary for 

Educational and Cultural Affairs, 

Department of State, made the 

determinations required under the 

statute with respect to certain 

archaeological materials originating in 

China that are described in the 

designated list set forth below in this 

document. These determinations 

include the following: (1) That the 

cultural patrimony of China is in 

jeopardy from the pillage of 

irreplaceable archaeological materials 

representing China’s cultural heritage 

from the Paleolithic Period (c. 75,000 

B.C.) through the end of the Tang Period 

(A.D. 907) and irreplaceable 

monumental sculpture and wall art at 

least 250 years old (19 U.S.C. 

2602(a)(1)(A)); (2) that the Chinese 

government has taken measures 

consistent with the Convention to 

protect its cultural patrimony (19 U.S.C. 

2602(a)(1)(B)); (3) that import 

restrictions imposed by the United 

States would be of substantial benefit in 

deterring a serious situation of pillage 

and remedies less drastic are not 

available (19 U.S.C. 2602(a)(1)(C)); and 

(4) that the application of import 

restrictions as set forth in this final rule 

is consistent with the general interests 

of the international community in the 

interchange of cultural property among 

nations for scientific, cultural, and 

educational purposes (19 U.S.C. 

2602(a)(1)(D)). The Assistant Secretary 

also found that the materials described 

in the determinations meet the statutory 

definition of ‘‘archaeological material of 

the state party’’ (19 U.S.C. 2601(2)). 

The Agreement 

On January 14, 2009, the United 

States and China entered into a bilateral 

agreement pursuant to the provisions of 

19 U.S.C. 2602(a)(2). The agreement 

enables the promulgation of import 

restrictions on certain archaeological 

materials representing China’s cultural 

heritage from the Paleolithic Period 

through the end of the Tang Period 

(A.D. 907) and monumental sculpture 

and wall art at least 250 years old. For 

the purposes of the agreement, the 

restricted Paleolithic objects date from 

approximately c. 75,000 B.C. A list of 

the categories of archaeological 

materials subject to the import 

restrictions is set forth later in this 

document. 

Restrictions and Amendment to the 

Regulations 

In accordance with the Agreement, 

importation of materials designated 

below are subject to the restrictions of 

19 U.S.C. 2606 and § 12.104g(a) of the 

Customs and Border Protection (CBP) 

Regulations (19 CFR 12.104g(a)) and 

will be restricted from entry into the 

United States unless the conditions set 

forth in 19 U.S.C. 2606 and § 12.104c of 

the regulations (19 CFR 12.104c) are 

met. CBP is amending § 12.104g(a) of 

the CBP Regulations (19 CFR 12.104g(a)) 

to indicate that these import restrictions 

have been imposed. 

Material Encompassed in Import 

Restrictions 

The bilateral agreement between the 

United States and China includes, but is 

not limited to, the categories of objects 

described in the designated list set forth 

below. These categories of objects are 

subject to the import restrictions set 

forth above, in accordance with the 

above explained applicable law and the 

regulation amended in this document 

(19 CFR 12.104(g)(a)). 

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). 


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Tang Dynasty (AD 618–907). 

I. Ceramic 

The ceramic tradition in China 

extends back to at least the 6th 

millennium B.C. and encompasses a 

tremendous variety of shapes, pastes, 

and decorations. Chinese ceramics 

include earthenwares, stonewares and 

porcelains, and these may be unglazed, 

glazed, underglazed, painted, carved, 

impressed with designs, decorated with 

applied designs or a combination of all 

of these. Only the most distinctive are 

listed here. Vessels are the most 

numerous and varied types of ceramics. 

Ceramic sculptures include human, 

animal, mythic subjects, and models of 

scenes of daily life. Architectural 

elements include decorated bricks, 

baked clay tiles with different glaze 

colors, and acroteria (ridge pole 

decorations). 

A. Vessels 

1. Neolithic Period. 

Archaeological work over the past 

thirty years has identified numerous 

cultures of the Neolithic period from 

every part of China, all producing 

distinctive ceramics. Early Neolithic 

cultures (c. 7500–5000 BC) include such 

cultures as Pengtoushan (northern 

Hunan Province), Peiligang (Henan 

Province), Cishan (Hebei Province), 

Houli (Shandong Province), Xinglongwa 

(eastern Inner Mongolia and Liaoning 

Province), Dadiwan and Laoguantai 

(Gansu and Shaanxi Province), Xinle 

(Liaodong peninsula, Liaoning 

Province), among others. Examples of 

Middle Neolithic cultures (c. 5000–3000 

BC) include Yangshao (Shaanxi, Shanxi, 

and Henan Provinces), Daxi (eastern 

Sichuan and western Hubei Provinces), 

Hemudu (lower Yangzi River valley, 

Zhejiang Province), Majiabang (Lake 

Tai/Taihu area to Hangzhou Bay, 

Zhejiang and southern Jiangsu 

Provinces), Hongshan (eastern Inner 

Mongolia, Liaoning, and northern Hebei 

Provinces), 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 version of pan. The 

latter also appear in fine gray and black 

pastes. The forms of these include the 

kettle with lid (he), tripod liquid heating 

vessel with pouring spout (jue), tripod 

cooking pot (ding), goblet or beaker (gu), 

tripod water heater without pouring 

spout (jia). 

b. Shang and Zhou: Vessels may be 

wheel-made or coiled. Vessels can be 

utilitarian gray paste cooking vessels, 

often cord-impressed, or more highly 

decorated types. Surfaces can be 

impressed and glazed yellow to brown 

to dark green. White porcelain-like 

vessels also occur. Forms include those 

of the Erlitou plus wide-mouth 

containers and variously shaped jars 

and serving vessels. 

3. Qin through Southern and Northern 

Vessels. 

Most vessels are wheel-made. The 

main developments are in glazing. 

Earthenwares may have a lead-based 

shiny green glaze. Grey stonewares with 

an olive color are called Yue ware. 

4. Sui and Tang Vessels. 

Note: Most vessels are wheel-made. 

a. Sui: Pottery is plain or stamped. 

b. Tang: A three-color glazing 

technique is introduced for 

earthenwares (sancai). Green, yellow, 

brown, and sometimes blue glazes are 

used together on the same vessel. For 

stoneware, the olive glaze remains 

typical. 

B. Sculpture 

1. Neolithic: Occasional small 

figurines of animals or humans. From 

the Hongshan culture come human 

figures, some of which appear pregnant, 

and human faces ranging from small to 

life size, as well as life-size and larger 

fragments of human body parts (ears, 

belly, hands, and others). 

2. Shang through Eastern Zhou: 

Ceramic models and molds for use in 

the piece-mold bronze casting process. 

Examples include frontal animal mask 

(taotie), birds, dragons, spirals, and 

other decorative motifs. 

3. Eastern Zhou, Qin and Han: 

Figures are life-size or smaller. They are 

hand- and mold-made, and may be 

unpainted, painted, or glazed. Figures 

commonly represent warriors on foot or 

horseback, servants, acrobats, and 

others. Very large numbers date to the 

Han Dynasty. In some cases, the ceramic 

male and female figurines are 

anatomically accurate, nude, and lack 

arms (in these cases, the figures were 

originally clad in clothes and had 

wooden arms that have not been 

preserved). Other ceramic objects, 

originally combined to make scenes, 

take many forms including buildings, 

courtyards, ships, wells, and pig pens. 

4. Tang: Figures depicting Chinese 

people, foreigners, and animals may be 

glazed or unglazed with added paint. 

Approximately 15 cm to 150 cm high. 

C. Architectural Decoration and Molds 

1. Han: Bricks having a molded 

surface with geometric or figural design. 

These depict scenes of daily life, mythic 

and historical stories, gods, or demons. 

2. Three Kingdoms through Tang: 

Bricks may be stamped or painted with 

the same kinds of scenes as in the Han 

Dynasty. 

3. Han through Tang: Roof tiles may 

have a corded design. Eaves tiles with 

antefixes have Chinese characters or 

geometric designs. Glazed acroteria 

(ridge pole decorations) in owl tail 

shape. 

II. Stone 

A. Jade 

Ancient Chinese jade is, for the most 

part, the mineral nephrite. It should be 

noted, however, that many varieties of 

hard stone are sometimes called ‘‘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 


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dragons. One common variety is the socalled ‘‘pig-dragon’’ (zhulong), a circular 

ring form with a head having wrinkled 

snout (the ‘‘pig’’) and long dragon-like 

body. 

b. Neolithic (Liangzhu): Types include 

awl-shaped pendants, three-prong 

attachments, openwork crown-shapes, 

beads, birds, fishes, frogs. 

c. Neolithic (Shandong Longshan) and 

Erlitou: Ornaments for body and 

clothing such as stick pins and beads. 

d. Shang and Zhou: Earrings, 

necklaces, pectorals, hair stickpins, 

ornaments, sometimes in the shape of 

small animals, dragons, or other forms; 

belt buckles, and garment hooks. During 

the Zhou Dynasty, there appear 

elaborate pectorals made of jade links, 

and jade inlay on bronze. 

e. Qin, Han and Three Kingdoms: 

Pectoral ornaments and small-scale 

pendants continue to be produced. 

Types include pectoral slit earrings, 

large disks (bi), openwork disks (bi), 

openwork plaques showing a mythic 

bird (feng), and various types of rings. 

Entire burial suits of jade occur during 

the Han Dynasty. More frequently 

occurring are Han Dynasty belthooks, 

decorated with dragons, and garment 

hooks. 

2. Weapons, Tools, and Insignia. 

a. Neolithic (Liangzhu): Types include 

weapons such as broad-bladed axes 

(yue), long rectangular or trapezoidal 

blades (zhang), often with holes along 

the back (non-sharpened) edge for 

hafting; tools such as hoe, adze, knife 

blades. 

b. Neolithic (Shandong Longshan) 

and Erlitou: Broad axe (yue) and halberd 

or ‘‘dagger axe’’ (ge). 

c. Shang and Zhou: Broad axes (yue) 

and halberd (ge) may be attached to 

turquoise inlaid bronze shafts. 

d. Neolithic (Liangzhu) to Zhou: Tool 

types include hoe, adze, knife blades. 

e. Neolithic (Shandong Longshan) to 

Zhou: Insignia blades based on tool 

shapes such as long hoe, flat adze, and 

knife. 

3. Ceremonial paraphernalia. 

Neolithic—Han: Types include flat 

circular disks (bi) with a cut-out central 

hole and prismatic cylindrical tubes 

(cong), usually square on the outside 

with a circular hole through its length, 

often with surface carving that segments 

the outer surface into three or more 

registers. The cong tubes are often 

decorated with a motif on each corner 

of each register showing abstract pairs of 

eyes, animal and/or human faces. Cong 

tubes, while most closely linked with 

the Liangzhu culture, were widely 

distributed among the many late 

Neolithic cultures of China. 

4. Vessels. 

a. Shang through Han: Types include 

eared cups and other tableware. 

b. Qin through Tang: Tableware forms 

such as cups, saucers, bowls, vases, and 

inkstones. 

5. Other. 

Chimes from all eras may be 

rectangular or disk-shaped. 

B. Amber 

Amber is used for small ornaments 

from the Neolithic through Tang 

dynasties. 

C. Other Stone 

1. Tools and Weapons. 

a. Paleolithic and later eras: Chipped 

lithics from the Paleolithic and later 

eras including axes, blades, scrapers, 

arrowheads, and cores. 

b. Neolithic and later eras: Ground 

stone including hoes, sickles, spades, 

axes, adzes, pestles, and grinders. 

c. Erlitou through Zhou: As with jade, 

weapon types include blades, broad 

axes (yue), and halberds (ge). 

2. Sculpture. 

Stone becomes a medium for largescale images in the Qin and Han. It is 

put to many uses in tombs. It also plays 

a major role in representing personages 

associated with Buddhism, Daoism, and 

Confucianism. 

a. Sculpture in the round. 

Note: This section includes monumental 

sculpture at least 250 years old. 

i. Shang: Sculpture includes humans, 

often kneeling with hands on knees, 

sometimes with highly decorated 

incised robes, owls, buffalo, and other 

animals. The Jinsha site near Chengdu, 

Sichuan, dating to the late Shang 

Dynasty, has yielded numerous 

examples of stone figurines in a 

kneeling position, with carefully 

depicted hair parted in the center, and 

with hands bound behind their back. 

ii. Han to Qing: The sculpture for 

tombs includes human figures such as 

warriors, court attendants, and 

foreigners. Animals include horse, tiger, 

pig, bull, sheep, elephant, and fish, 

among many others. 

iii. The sculpture associated with 

Buddhism is usually made of limestone, 

sandstone, schist and white marble. 

These be covered with clay, plaster, and 

then painted. Figures commonly 

represented are the Buddha and 

disciples in different poses and 

garments. 

iv. The sculpture associated with 

Daoism is usually sandstone and 

limestone which may be covered and 

painted. Figures commonly represented 

are Laozi or a Daoist priest. 

v. The sculpture associated with 

Confucianism represents Confucius and 

his disciples. 

b. Relief Sculpture. 

i. Han: Relief sculpture is used for all 

elements of tombs including sarcophagi, 

tomb walls, and monumental towers. 

Images include hunting, banqueting, 

historical events, processions, scenes of 

daily life, fantastic creatures, and 

animals. 

ii. Tang: Tomb imagery now includes 

landscapes framed by vegetal motifs. 

c. Art of cave or grotto temples. 

Han—Qing: Note that this section 

includes monumental sculpture at least 

250 years old. These temples, mostly 

Buddhist, combine relief sculpture, 

sculpture in the round, and sometimes 

mural painting. The sculptures in the 

round may be stone or composites of 

stone, wood, and clay and are painted 

with bright colors. 

d. Stelae. 

Han—Qing: Note that this section 

includes monumental sculpture at least 

250 years old. Tall stone slabs set 

vertically, usually on a tortoise-shaped 

base and with a crown in the form of 

intertwining dragons. Stelae range in 

size from around 0.60m to 3m. Some 

include relief sculpture consisting of 

Buddhist imagery and inscription, and 

others are secular memorials with long 

memorial inscription on front and back 

faces. 

3. Architectural Elements. 

a. Erlitou through Zhou: Marble or 

other stone is used as a support for 

wooden columns and other architectural 

or furniture fixtures. 

b. Qing: Note that this section 

includes monumental sculpture at least 

250 years old. 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, 


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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 5cm to 

more than 2 meters; tree-shaped 

assemblages; birds, dragons, and other 

real and fantastic animals. Bronze 

sculpture from Chu and related cultures 

include supports for drums and bell sets 

(often in the shape of guardian figures, 

fantastic animals, or intertwined 

snakes). 

b. Qin and Han: Decorative bronze 

types include statues of horses, lamps in 

the shape of female servants, screen 

supports in the shape of winged 

immortals, incense burners in the shape 

of mountains, mirrors, and inlaid 

cosmetic boxes. 

c. Buddhist: In the Han there first 

appear small portable images of 

Sakyamuni Buddha. During the next 

historical eras, such images proliferate 

and become more varied in terms of size 

and imagery. Most of these are freestanding, depicting such subjects as the 

historical Buddha Sakyamuni, Buddhas 

associated with paradises, Buddha’s 

disciples, and scenes from the Lotus 

Sutra. Gilt bronzes are made from the 

Han to Tang. 

3. Coins. 

a. Zhou Media of Exchange and Toolshaped Coins: Early media of exchange 

include bronze spades, bronze knives, 

and cowrie shells. During the 6th 

century BC, flat, simplified, and 

standardized cast bronze versions of 

spades appear and these constitute 

China’s first coins. Other coin shapes 

appear in bronze including knives and 

cowrie shells. These early coins may 

bear inscriptions. 

b. Later, tool-shaped coins began to be 

replaced by disc-shaped ones which are 

also cast in bronze and marked with 

inscriptions. These coins have a central 

round or square hole. 

c. Qin: In the reign of Qin Shi 

Huangdi (221–210 BC) the square-holed 

round coins become the norm. The new 

Qin coin is inscribed simply with its 

weight, expressed in two Chinese 

characters ban liang. These are written 

in small seal script and are placed 

symmetrically to the right and left of the 

central hole. 

d. Han through Sui: Inscriptions 

become longer, and may indicate that 

inscribed object is a coin, its value in 

relation to other coins, or its size. Later, 

the period of issue, name of the mint, 

and numerals representing dates may 

also appear on obverse or reverse. A 

new script, clerical (lishu), comes into 

use in the Jin. 

e. Tang: The clerical script becomes 

the norm until 959, when coins with 

regular script (kaishu) also begin to be 

issued. 

4. Musical Instruments. 

a. Shang: Instruments include 

individual clapper-less bells (nao), 

singly and in sets. Barrel drums lay 

horizontally, have a saddle on top, and 

rest on four legs. 

b. Zhou through Tang: Bells and bell 

sets continue to be important. The bells 

vary considerably in size in shape. 

Other instruments include mouth 

organs (hulu sheng), gongs, cymbals, 

and a variety of types of drums, 

including drums (chunyu) and large 

‘‘kettledrums’’ from south and 

southwest China. 

5. Tools and Weapons. 

Tools and implements of all eras 

include needles, spoons, ladles, lifting 

poles, axes, and knives. Weapons and 

military gear include the broad axe, 

dagger axe, knives, spear points, 

arrowheads, helmets, chariot fittings, 

combination of spear and dagger (ji), 

cross-bow, and horse frontlets. 

6. Miscellaneous. 

Other bronze items include but are 

not limited to mirrors, furniture parts, 

and utensils such belt buckles, garment 

hooks, weights, measuring implements, 

incense burners, lamps, spirit trees, 

tallies, seals, rings, bells, and cosmetic 

containers. 

B. Iron 

Iron is used for such utilitarian 

objects as axes, hammers, chisels, and 

spades. At the end of the Zhou, steel 

swords with multi-faceted metal inlay 

are produced. 

1. Zhou through Han: Bimetallic 

weapons such as iron-bladed swords 

and knives with a bronze hilt. 

2. Three Kingdoms through Sui: Small 

scale Buddhist images are cast. 

3. Tang: Large scale castings include 

Buddhist statues, bells, lions, dragons, 

human figures, and pagodas. 

C. Gold and Silver 

During the Shang and Zhou 

Dynasties, gold is used to produce 

jewelry and a limited number of vessel 

types, and as gilding, gold leaf, or inlay 

on bronze. Gold and silver become 

widely used in the Han Dynasty and 

remain so through the Tang Dynasty. 

Objects include vessels such as cups, 

ewers, jars, bowls; utensils such as 

lamps, containers, jewelry, liturgical 

wares, furniture parts; and Buddhist 

sculpture such as images of Buddha and 

reliquaries. 

IV. Bone, Ivory, Horn, and Shell 

Neolithic through Tang: The most 

important uses of these materials is for 

vessels, seals, small-scale sculptures, 

and personal ornaments. In the 

Neolithic period, Erlitou culture, and 

Shang Dynasty bone (bovine scapula 

and tortoise plastrons, or lower shells) 

is used for divination: A carefully 

prepared bone or shell was thinned by 

drilling series of holes almost through 

the bone, to which heat was applied to 

make the bone crack. In some cases from 

the Late Shang Dynasty, the bones carry 

inscriptions revealing the date and 


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Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Rules and Regulations 2843 

nature of the question asked and, 

occasionally, the outcome of the event. 

The cowrie shells used as money in the 

Shang Dynasty and later periods show 

signs of use. Worked shell imitations of 

cowries are also known. Ivory and horn 

are used to craft tableware utensils such 

as cups and containers as early as the 

Shang Dynasty; these are sometimes 

inlaid with turquoise or other stones. 

V. Silks and Textiles 

Neolithic through Tang: Silk worms 

are domesticated in China as early as 

the Neolithic. Silk cloth is preserved as 

garments and parts thereof, as a 

covering for furniture, and as painted or 

embroidered banners. Techniques 

include flat weave, moire ́, damask, 

gauze, quilting, and embroidery. 

VI. Lacquer and Wood 

Neolithic through Tang: Lacquer is a 

transparent sap collected from the lac 

tree. When dissolved, it may be 

repeatedly applied to a wood or fabric 

form. The resulting product is sturdy 

and light. Lacquer vessels first appear in 

the Neolithic period, and become highly 

sophisticated and numerous by the 

middle Zhou through Han Dynasties. In 

the Sui and Tang Dynasties the practice 

is invented of creating a hard, thick 

surface of lacquer with the application 

of many thin layers. The resulting object 

may be carved and or inlaid before it 

hardens completely. Common colors for 

lacquer are red and black. Object types 

include: Vessels such as bowls, dishes, 

and goblets; military gear such shields 

and armor; musical instruments such as 

zithers (qin) and drums, related 

supports for drums and for bell sets; and 

boxes and baskets with painted or 

carved lids. 

Wooden objects from this era are 

mainly preserved when painted with 

lacquer. These include architectural 

elements, utensils, coffins, musical 

instruments, and wood sculptures. 

VII. Bamboo and Paper 

Zhou through Tang: Types include 

texts on bamboo and wooden slips, and 

on paper. The slips may be found 

singly, or in groups numbering into the 

thousands. Some Buddhist sutras were 

printed with movable wooden type. 

VIII. Glass 

Zhou through Tang: Glass types 

include mostly tablewares, such as 

cups, plates, saucers. 

IX. Painting and Calligraphy 

A. Wall Painting 

Note that this section includes wall 

art at least 250 years old. The painted 

bricks of the Han through Tang tomb 

walls have already been mentioned. 

That tradition is partially concurrent 

with a fresco tradition that runs from 

the Han through Qing Dynasties. 

Temples including those in caves or 

grottos have wall paintings with 

Buddhist, Confucian, and Daoist 

themes. 

B. Other Painting 

Han through Tang: Paintings, dating 

to as early as the Southern and 

Northern, are on such media as banners, 

hand-scrolls, and fans. Subjects are 

drawn from Buddhism, Confucianism, 

and Daoism. Other subjects include 

landscapes and hunting scenes. 

Inapplicability of Notice and Delayed 

Effective Date 

This amendment involves a foreign 

affairs function of the United States and 

is, therefore, being made without notice 

or public procedure (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 

Because this rule involves a foreign 

affairs function of the United States, it 

is not subject to Executive Order 12866. 

Signing Authority 

This regulation is being issued in 

accordance with 19 CFR 0.1(a)(1). 

List of Subjects in 19 CFR Part 12 

Cultural property, Customs duties and 

inspection, Imports, Prohibited 

merchandise, Reporting and 

recordkeeping requirements. 

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; 

* * * * * 

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

is amended by adding the People’s 

Republic of China to the list in 

appropriate alphabetical order as 

follows: 

§ 12.104g Specific items or categories 

designated by agreements or emergency 

actions. 

(a) * * * 

State party Cultural property Decision No. 

* * * * * * * 

People’s Republic of China .............................. Archaeological materials representing China’s cultural heritage from 

the Paleolithic Period (c. 75,000 B.C.) through the end of the Tang 

Period (A.D. 907) and monumental sculpture and wall art at least 

250 years old.

CBP Dec. 09–03. 

* * * * * * * 


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2844 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Rules and Regulations 

* * * * * 

W. Ralph Basham, 

Commissioner, U.S. Customs and Border 

Protection. 

Approved: January 12, 2009. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. E9–848 Filed 1–15–09; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Bureau of Customs and Border 

Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 12 and 163 

[CBP Dec. 09–01; USCBP–2008–0111] 

RIN 1505–AC06 

Prohibitions and Conditions for 

Importation of Burmese and NonBurmese Covered Articles of Jadeite, 

Rubies, and Articles of Jewelry 

Containing Jadeite or Rubies 

AGENCIES: Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Interim final rule; solicitation of 

comments. 

SUMMARY: This document amends the 

U.S. Customs and Border Protection 

(CBP) regulations in title 19 of the Code 

of Federal Regulations (19 CFR) in order 

to implement the provisions of the Tom 

Lantos Block Burmese JADE (Junta’s 

Anti-Democratic Efforts) Act of 2008 

(Pub. L. 110–286) (the ‘‘JADE Act’’) and 

Presidential Proclamation 8294 of 

September 26, 2008, which includes 

new Additional U.S. Note 4 to Chapter 

71 of the Harmonized Tariff Schedule of 

the United States (‘‘HTSUS’’). These 

amendments are made to implement 

certain provisions of the JADE Act and 

the Presidential Proclamation by 

prohibiting the importation of ‘‘Burmese 

covered articles’’ (jadeite, rubies, and 

articles of jewelry containing jadeite or 

rubies, mined or extracted from Burma), 

and by setting forth conditions for the 

importation of ‘‘non-Burmese covered 

articles’’ (jadeite, rubies, and articles of 

jewelry containing jadeite or rubies, 

mined or extracted from a country other 

than Burma). 

DATES: This interim final rule is 

effective January 16, 2009. Comments 

must be received on or before March 17, 

2009. 

ADDRESSES: You may submit comments, 

identified by docket number, by one of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP–2008–0111 . 

• Mail: Trade and Commercial 

Regulations Branch, Regulations and 

Rulings, Office of International Trade, 

U. S. Customs and Border Protection, 

799 9th Street, NW., (Mint Annex), 

Washington, DC 20229. 

Instructions: All submissions received 

must include the agency name and 

docket number for this rulemaking. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. Submitted 

comments may be inspected during 

regular business days between the hours 

of 9 a.m. and 4:30 p.m. at the Trade and 

Commercial Regulations Branch, 

Regulations and Rulings, Office of 

International Trade, U.S. Customs and 

Border Protection, 799 9th Street, NW., 

5th Floor, Washington, DC. 

Arrangements to inspect submitted 

comments should be made in advance 

by calling Mr. Joseph Clark at (202) 325– 

0118. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Sauceda, Director, Import Safety 

and Interagency Requirements Division, 

Office of International Trade (202) 863– 

6556, or Brenda Brockman Smith, 

Executive Director, Trade Policy and 

Programs, Office of International Trade 

(202) 863–6406. 

SUPPLEMENTARY INFORMATION: 

Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of the interim 

final rule. CBP also invites comments 

that relate to the economic, 

environmental, or federalism effects that 

might result from this interim final rule. 

Comments that will provide the most 

assistance to CBP will reference a 

specific portion of the interim final rule, 

explain the reason for any 

recommended change, and include data, 

information, or authority that support 

such recommended change. See 

ADDRESSES above for information on 

how to submit comments. 

Background 

On July 29, 2008, the President signed 

into law the Tom Lantos Block Burmese 

JADE (Junta’s Anti-Democratic Efforts) 

Act of 2008 (Pub. L. 110–286) (the 

‘‘JADE Act’’). Section 6 of the JADE Act 

amends the Burmese Freedom and 

Democracy Act of 2003 (Pub. L. 108–61) 

(as so amended, the ‘‘BFDA’’) by adding 

a new section 3A that prohibits the 

importation of jadeite and rubies mined 

or extracted from Burma, and articles of 

jewelry containing jadeite or rubies 

mined or extracted from Burma, and by 

regulating the importation of jadeite and 

rubies mined or extracted from a 

country other than Burma, and articles 

of jewelry containing jadeite or rubies 

mined or extracted from a country other 

than Burma. Presidential Proclamation 

8294 of September 26, 2008 implements 

the prohibitions and conditions of the 

JADE Act. (See Annex of Presidential 

Proclamation 8294 for Additional U.S. 

Note 4 to Chapter 71, Harmonized Tariff 

Schedule of the United States 

(‘‘HTSUS’’)). 

Burmese Covered Articles 

Section 3A(b)(1) of the BFDA, as 

implemented by Presidential 

Proclamation 8294, provides that 

‘‘Burmese covered articles’’ are 

prohibited from importation into the 

United States. Burmese covered articles 

are defined in section 3A(a)(2) of the 

BFDA as jadeite or rubies mined or 

extracted from Burma, or articles of 

jewelry containing jadeite or rubies 

mined or extracted from Burma. Section 

3A(a)(4) of the BFDA defines ‘‘jadeite’’ 

as any jadeite classifiable under heading 

7103 of the HTSUS; ‘‘rubies’’ as rubies 

classifiable under heading 7103 of the 

HTSUS; and ‘‘articles of jewelry 

containing jadeite or rubies’’ as any 

article of jewelry classifiable under 

heading 7113 of the HTSUS that 

contains jadeite or rubies, or any article 

of jadeite or rubies classifiable under 

heading 7116 of the HTSUS. The 

prohibition on the importation of the 

Burmese covered articles will also be set 

forth in the regulations of the Office of 

Foreign Assets Control (OFAC) at 31 

CFR Part 537. 

Non-Burmese Covered Articles 

Sections 3A(c)(1) and (2) of the BFDA 

set forth the conditions for importation 

into the United States of ‘‘non-Burmese 

covered articles,’’ which are defined in 

section 3A(a)(3) of the BFDA as jadeite 

or rubies mined or extracted from a 

country other than Burma, or articles of 

jewelry containing jadeite or rubies 

mined or extracted from a country other 

than Burma. 


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