82_FR_43872 82 FR 43692 - Extension of Import Restrictions Imposed on Archaeological and Ethnological Materials From the Republic of Mali

82 FR 43692 - Extension of Import Restrictions Imposed on Archaeological and Ethnological Materials From the Republic of Mali

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY

Federal Register Volume 82, Issue 180 (September 19, 2017)

Page Range43692-43695
FR Document2017-20056

This final rule amends the U.S. Customs and Border Protection (CBP) regulations to reflect an extension of import restrictions on certain archaeological materials from Mali. These restrictions, which were originally imposed by Treasury Decision (T.D.) 93-74, and last extended by CBP Decision (Dec.) 12-14, are due to expire on September 19, 2017. The Acting Under Secretary for Public Diplomacy and Public Affairs, United States Department of State, has determined that conditions warrant the continued imposition of import restrictions on certain archaeological materials and the addition of import restrictions on certain ethnological materials from Mali. The Designated List of cultural property described in CBP Dec. 07-77 is revised in this document to reflect the addition of ethnological materials to include manuscripts dating between the twelfth and twentieth centuries in paper. The import restrictions imposed on the archaeological and ethnological materials from Mali will be in effect for a five-year period, and the CBP regulations are being amended accordingly to reflect this extension through September 19, 2022. These restrictions are being imposed pursuant to determinations of the United States Department of State made under the terms of the Convention on Cultural Property Implementation Act, which implements the 1970 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property.

Federal Register, Volume 82 Issue 180 (Tuesday, September 19, 2017)
[Federal Register Volume 82, Number 180 (Tuesday, September 19, 2017)]
[Rules and Regulations]
[Pages 43692-43695]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20056]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

DEPARTMENT OF THE TREASURY

19 CFR Part 12

[CBP Dec. 17-12]
RIN 1515-AE32


Extension of Import Restrictions Imposed on Archaeological and 
Ethnological Materials From the Republic of Mali

AGENCY: 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 an extension of import restrictions on 
certain archaeological materials from Mali. These restrictions, which 
were originally imposed by Treasury Decision (T.D.) 93-74, and last 
extended by CBP Decision (Dec.) 12-14, are due to expire on September 
19, 2017. The Acting Under Secretary for Public Diplomacy and Public 
Affairs, United States Department of State, has determined that 
conditions warrant the continued imposition of import restrictions on 
certain archaeological materials and the addition of import 
restrictions on certain ethnological materials from Mali. The 
Designated List of cultural property described in CBP Dec. 07-77 is 
revised in this document to reflect the addition of ethnological 
materials to include manuscripts dating between the twelfth and 
twentieth centuries in paper. The import restrictions imposed on the 
archaeological and ethnological materials from Mali will be in effect 
for a five-year period, and the CBP regulations are being amended 
accordingly to reflect this extension through September 19, 2022. These 
restrictions are being imposed pursuant to determinations of the United 
States Department of State made under the terms of the Convention on 
Cultural Property Implementation Act, which implements the 1970 United 
Nations Educational, Scientific and Cultural Organization (UNESCO) 
Convention on the Means of Prohibiting and Preventing the Illicit 
Import, Export and Transfer of Ownership of Cultural Property.

DATES: Effective September 19, 2017.

FOR FURTHER INFORMATION CONTACT: For regulatory aspects, Lisa L. 
Burley, Chief, Cargo Security, Carriers and Restricted Merchandise 
Branch, Regulations and Rulings, Office of Trade, (202) 325-0215, 
lisa.burley@cbp.dhs.gov. For operational aspects, William R. Scopa, 
Branch Chief, Partner Government Agencies Branch, Trade Policy and 
Programs, Office of Trade, (202) 863-6554, William.R.Scopa@cbp.dhs.gov.

SUPPLEMENTARY INFORMATION: 

Background

    Pursuant to the provisions of the Convention on Cultural Property 
Implementation Act (hereafter, ``the Cultural Property Implementation 
Act'' or ``the Act'' (Pub. L. 97-446, 19 U.S.C. 2601 et seq.)), which 
implements the 1970 United Nations Educational, Scientific and Cultural 
Organization (UNESCO) Convention on the Means of Prohibiting and 
Preventing the Illicit Import, Export and Transfer of Ownership of 
Cultural Property (hereinafter, the Convention) in U.S. law, the United 
States may enter into international agreements with another State Party 
to the Convention to impose import restrictions on eligible 
archaeological and ethnological materials under procedures and 
requirements prescribed by the Act.
    In certain limited circumstances, the Cultural Property 
Implementation Act authorizes the imposition of restrictions on an 
emergency basis (19 U.S.C. 2603(c)(1)). Under the Act and the 
applicable CBP regulations (19 CFR 12.104g(b)), 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

[[Page 43693]]

where it is determined that the emergency condition continues to apply 
with respect to the covered materials (19 U.S.C. 2603(c)(3)); such 
restrictions may also be continued pursuant to an agreement concluded 
within the meaning of the Act (19 U.S.C. 2603(c)(4)).
    On September 23, 1993, under the authority of the Cultural Property 
Implementation Act, the former U.S. Customs Service published Treasury 
Decision (T.D.) 93-74 in the Federal Register (58 FR 49428) imposing 
emergency import restrictions on archaeological objects from the region 
of the Niger River Valley of Mali and the Bandiagara Escarpment 
(Cliff), Republic of Mali (Mali) and accordingly amended 19 CFR 
12.104g(b).
    On September 19, 1997, the United States entered into a bilateral 
agreement with Mali that continued without interruption the import 
restrictions previously placed on the same archaeological material. On 
September 23, 1997, the former U.S. Customs Service published T.D. 97-
80 in the Federal Register (62 FR 49594), which amended 19 CFR 
12.104g(a) to reflect the imposition of these restrictions, and 
included a list designating the types of archaeological material 
covered by the restrictions. (T.D. 97-80 also removed the emergency 
restrictions for Mali from 19 CFR 12.104g(b).)
    Under the Act and applicable U.S. Customs and Border Protection 
(CBP) regulations (19 CFR 12.104g), the restrictions are effective for 
no more than five years beginning on the date on which the agreement 
enters into force with respect to the United States (19 U.S.C. 
2602(b)). This period may be extended for additional periods, each such 
period not to exceed five years, where 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)). On September 20, 2002, the former U.S. Customs Service 
published T.D. 02-55 in the Federal Register (67 FR 59159), which 
amended 19 CFR 12.104g(a) to reflect the extension of these import 
restrictions for an additional period of five years until September 19, 
2007.
    On September 19, 2007, CBP published CBP Decision (Dec.) 07-77 in 
the Federal Register (72 FR 53414), which amended 19 CFR 12.104g(a) to 
reflect the extension and amendment of the import restrictions for 
Mali. The 2007 amendment added import restrictions on new subcategories 
of objects throughout Mali from the Paleolithic Era (Stone Age) to 
approximately the mid-eighteenth century in the amended Designated List 
for an additional period of five years until September 19, 2012.
    On September 19, 2012, CBP published CBP Dec. 12-14 in the Federal 
Register (77 FR 58020), which amended 19 CFR 12.104g(a) to reflect the 
extension of the import restrictions for an additional period of five 
years until September 19, 2017.
    On March 14, 2017, by publication in the Federal Register (82 FR 
13706), the United States Department of State proposed to extend the 
Agreement between the United States and Mali concerning the imposition 
of import restrictions on archaeological material from Mali from the 
Paleolithic Era (Stone Age) to approximately the mid-eighteenth 
century. Pursuant to the statutory and decision-making process, the 
Designated List of materials covered by the restrictions is being 
amended to include certain ethnological materials, specifically 
manuscripts dating between the twelfth and twentieth centuries in 
paper. Thus, the Agreement now covers both the previously covered 
archaeological materials, as set forth in the Designated List published 
in CBP Dec. 07-77, and the additional ethnological materials (see 19 
U.S.C. 2604, authorizing the Secretary of the Treasury, by regulation, 
to promulgate and, when appropriate, revise the list of designated 
archaeological and/or ethnological materials covered by an agreement 
between State Parties to the Convention).
    On August 7, 2017, the Acting Under Secretary for Public Diplomacy 
and Public Affairs, United States Department of State, determined that 
the cultural heritage of Mali continues to be in jeopardy from pillage 
of certain archaeological materials and is also in jeopardy from the 
pillage of certain ethnological materials. The Acting Under Secretary 
made the necessary determination to extend the import restrictions for 
an additional five-year period to September 19, 2022, and to include in 
their coverage ethnological materials, specifically manuscripts dating 
between the twelfth and twentieth centuries in paper. An international 
agreement has been concluded reflecting the extension of the Agreement 
and, pursuant to the Agreement, the import restrictions are being 
extended, as described in this document and as applicable to the 
revised Designated List set forth in this document. Thus, CBP is 
amending 19 CFR 12.104g(a) accordingly. Importation of covered 
materials from Mali will be restricted through September 19, 2022. 
Importation of such materials from Mali continues to be restricted 
through that date unless the conditions set forth in 19 U.S.C. 2606 and 
19 CFR 12.104c are met.
    In this document, the Designated List of articles that was 
published in CBP Dec. 07-77 is amended to include ethnological 
materials comprised of manuscripts dating between the twelfth and 
twentieth centuries in paper. The articles described in the Designated 
List set forth below are protected pursuant to the Agreement.

Amended Designated List

    This Designated List, amended as set forth in this document, 
includes archaeological material that originates in Mali, ranging in 
date from the Paleolithic Era (Stone Age) to approximately the mid-
eighteenth century A.D. These materials include, but are not limited 
to, objects of ceramic, leather, metal, stone, glass, textiles, and 
wood. The Designated List also includes a certain category of 
ethnological material, namely manuscripts dating between the twelfth 
and twentieth centuries in paper. The Designated List and more 
information on the import restrictions can be obtained from the Mali 
country section of the International Cultural Property Protection Web 
site at http://exchanges.state.gov/heritage/culprop/mlfact.html.
    The list set forth below is representative only. Any dimensions are 
approximate.
Archaeological Material (Dating From the Paleolithic Era (Stone Age) to 
Approximately the Mid-Eighteenth Century)
I. Ceramics/Terra Cotta/Fired Clay
    Types of ceramic forms (stylistically known as Djenn[eacute]-Djeno 
or Jenne, Bankoni, Guimbala, Banamba, Bougouni, Bura 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: 2 to 20 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.

[[Page 43694]]

Includes quadrupeds. (H: 2 to 16 in.)
B. Common Vessels.
    1. Funerary jars, ocher in color, often stamped with chevrons. (H: 
20 to 32 in.)
    2. Globular vases often stamped with chevrons and serpentine forms. 
(H: under 4 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 pots made on three or four legs or feet resting on 
a stand.
    5. Kitchen pottery of the Tellem culture with the paddle-and-anvil 
technique decorated with impressions from woven mats.
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 copper, bronze, iron, and gold from Mali include, but 
are not limited to:

A. Copper and Copper Alloy (Such as Bronze).
    1. Figures/Statues.
    a. Anthropomorphic figures, including equestrian figures and 
kneeling figures. (Some are miniatures no taller than 2 inches; others 
range from 6 to 30 in.)
    b. Zoomorphic figures, such as the bull and the snake.
    2. Bells (H: 4 to 5 in.) and finger bells (H: 2 to 3 in.).
    3. Pendants, known to depict a bull's head or a snake. (H: 2 to 4 
in.)
    4. Bracelets, known to depict a snake (Diameter: 5 to 6 in.).
    5. Bracelets, known to be shaped as a head and antelope (Diameter: 
3 to 4 in.).
    6. Finger rings.
B. Iron.
    1. Figures/Statues.
    a. Anthropomorphic figures. (H: 5 to 30 in.)
    b. Zoomorphic figures, sometimes representing a serpent. (H: 5 to 
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 from Mali include, but are not limited to:

A. Beads in carnelian (faceted) and other types of stone.
B. Quartz lip plugs.
C. Funerary stelae (headstones) inscribed in Arabic.
D. Chipped stone lithics from the Paleolithic and later eras including 
axes, knives, scrapers, arrowheads, and cores.
E. Ground Stone from the Neolithic and later eras including axes, 
adzes, pestles, grinders, and bracelets.
V. Glass Beads
    A variety of glass beads have been recovered at archaeological 
sites in Mali.
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). 
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 to 24 in.)
    2. Zoomorphic figures--depicting horses and other animals. (H: 10 
to 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.
Ethnological Material
VIII. Manuscripts
    Manuscripts and portions thereof from the Mali Empire, Songhai 
Empire, pre-Colonial, and French Colonial periods of Mali (twelfth to 
early twentieth centuries), including but not limited to Qur'ans and 
other religious texts, letters, treatises, doctrines, essays or other 
such papers spanning the subjects of astronomy, law, Islam, philosophy, 
mathematics, governance, medicine, slavery, commerce, poetry, and 
literature, either as single leaves or bound as a book (or ``codex''), 
and written in Arabic using the Kufic, Hijazi, Maghribi, Saharan, 
Sudani, Suqi, Nashk, or Ajami scripts written on paper.

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). In addition, CBP has determined that such 
notice or public procedure would be impracticable and contrary to the 
public interest because the action being taken is essential to avoid 
interruption of the application of the existing import restrictions (5 
U.S.C. 553(b)(B)). 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 Orders 12866 and 13771

    This rule is not a significant regulatory action for purposes of 
Executive Order 12866 or Executive Order 13771.

Signing Authority

    This regulation is being issued in accordance with 19 CFR 
0.1(a)(1).

[[Page 43695]]

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspection, Imports, 
Prohibited merchandise.

Amendment to CBP Regulations

    For the reasons set forth above, part 12 of Title 19 of the Code of 
Federal Regulations (19 CFR part 12), is amended as set forth below.

PART 12--SPECIAL CLASSES OF MERCHANDISE

0
1. The general authority citation for part 12 and the specific 
authority citation for Sec.  12.104g continue to read as follows:

    Authority:  5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 3(i), 
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;

* * * * *
    Sections 12.104 through 12.104i also issued under 19 U.S.C. 
2612;
* * * * *


Sec.  12.104(g)   [Amended]

0
2. In Sec.  12.104g, paragraph (a), the table is amended in the entry 
for ``Mali'' by:
0
a. In the column headed ``Cultural Property,'' after the word 
``century'' add the following words: ``, and ethnological materials 
dating between the twelfth and twentieth centuries'', and
0
b. In the column headed ``Decision No.,'' by removing ``12-14'' and 
replacing it with ``17-12''.

    Dated: September 15, 2017.
Ronald D. Vitiello,
Acting Deputy Commissioner, U.S. Customs and Border Protection.
    Approved:
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2017-20056 Filed 9-15-17; 4:15 pm]
 BILLING CODE 9111-14-P



                                                  43692            Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations

                                                    (d) Requests for a registered                         Acts may be used as and for the                       property described in CBP Dec. 07–77 is
                                                  identification number, to update                        required name in labeling under this                  revised in this document to reflect the
                                                  information pertaining to an existing                   Act. When so used by the person or firm               addition of ethnological materials to
                                                  number, or to cancel an existing number                 to whom assigned, the use of the                      include manuscripts dating between the
                                                  shall be made through the Commission’s                  numbers shall be construed as                         twelfth and twentieth centuries in
                                                  Web site at https://rn.ftc.gov. Unless                  identifying and binding the applicant as              paper. The import restrictions imposed
                                                  otherwise directed by the Commission                    fully and in all respects as though                   on the archaeological and ethnological
                                                  or its designee, requests made by other                 assigned under the specific Act for                   materials from Mali will be in effect for
                                                  means (including but not limited to                     which it is used.                                     a five-year period, and the CBP
                                                  email) will not be accepted and                           (d) Requests for a registered                       regulations are being amended
                                                  approved.                                               identification number, to update                      accordingly to reflect this extension
                                                                                                          information pertaining to an existing                 through September 19, 2022. These
                                                  PART 303—RULES AND                                      number, or to cancel an existing number               restrictions are being imposed pursuant
                                                  REGULATIONS UNDER THE TEXTILE                           shall be made through the Commission’s                to determinations of the United States
                                                  FIBER PRODUCTS IDENTIFICATION                           Web site at https://rn.ftc.gov. Unless                Department of State made under the
                                                  ACT                                                     otherwise directed by the Commission                  terms of the Convention on Cultural
                                                  ■ 5. The authority citation for part 303                or its designee, requests made by other               Property Implementation Act, which
                                                  continues to read as follows:                           means (including but not limited to                   implements the 1970 United Nations
                                                                                                          email) will not be accepted and                       Educational, Scientific and Cultural
                                                      Authority: 15 U.S.C. 70 et seq.                     approved.                                             Organization (UNESCO) Convention on
                                                  ■   6. Revise § 303.20 to read as follows:              By direction of the Commission.                       the Means of Prohibiting and Preventing
                                                                                                          Donald S. Clark,
                                                                                                                                                                the Illicit Import, Export and Transfer of
                                                  § 303.20 Registered identification
                                                  numbers.
                                                                                                                                                                Ownership of Cultural Property.
                                                                                                          Secretary.
                                                                                                                                                                DATES: Effective September 19, 2017.
                                                     (a) Registered numbers for use as the                [FR Doc. 2017–19868 Filed 9–18–17; 8:45 am]
                                                  required identification in lieu of the                                                                        FOR FURTHER INFORMATION CONTACT: For
                                                                                                          BILLING CODE 6750–01–P
                                                  name on textile fiber product labels, as                                                                      regulatory aspects, Lisa L. Burley, Chief,
                                                  provided in section 4(b)(3) of the Act,                                                                       Cargo Security, Carriers and Restricted
                                                  will be issued by the Commission to                                                                           Merchandise Branch, Regulations and
                                                                                                          DEPARTMENT OF HOMELAND                                Rulings, Office of Trade, (202) 325–
                                                  qualified persons residing in the United                SECURITY
                                                  States upon receipt of an application                                                                         0215, lisa.burley@cbp.dhs.gov. For
                                                  duly executed on the Commission’s                       U.S. Customs and Border Protection                    operational aspects, William R. Scopa,
                                                  Web site at https://rn.ftc.gov or by such                                                                     Branch Chief, Partner Government
                                                  means as the Commission or its                          DEPARTMENT OF THE TREASURY                            Agencies Branch, Trade Policy and
                                                  designee may direct.                                                                                          Programs, Office of Trade, (202) 863–
                                                     (b)(1) Registered identification                     19 CFR Part 12                                        6554, William.R.Scopa@cbp.dhs.gov.
                                                  numbers shall be used only by the                                                                             SUPPLEMENTARY INFORMATION:
                                                  person or concern to whom they are                      [CBP Dec. 17–12]
                                                                                                                                                                Background
                                                  issued, and such numbers are not                        RIN 1515–AE32
                                                  transferable or assignable.                                                                                      Pursuant to the provisions of the
                                                     (2) Registered identification numbers                Extension of Import Restrictions                      Convention on Cultural Property
                                                  shall be subject to cancellation                        Imposed on Archaeological and                         Implementation Act (hereafter, ‘‘the
                                                  whenever any such number was                            Ethnological Materials From the                       Cultural Property Implementation Act’’
                                                  procured or has been used improperly                    Republic of Mali                                      or ‘‘the Act’’ (Pub. L. 97–446, 19 U.S.C.
                                                  or contrary to the requirements of the                                                                        2601 et seq.)), which implements the
                                                  Acts administered by the Federal Trade                  AGENCY:  U.S. Customs and Border                      1970 United Nations Educational,
                                                  Commission, and regulations                             Protection, Department of Homeland                    Scientific and Cultural Organization
                                                  promulgated thereunder, or when                         Security; Department of the Treasury.                 (UNESCO) Convention on the Means of
                                                  otherwise deemed necessary in the                       ACTION: Final rule.                                   Prohibiting and Preventing the Illicit
                                                  public interest.                                                                                              Import, Export and Transfer of
                                                     (3) Registered identification numbers                SUMMARY:   This final rule amends the                 Ownership of Cultural Property
                                                  shall be subject to cancellation if the                 U.S. Customs and Border Protection                    (hereinafter, the Convention) in U.S.
                                                  Commission fails to receive prompt                      (CBP) regulations to reflect an extension             law, the United States may enter into
                                                  notification of any change in name,                     of import restrictions on certain                     international agreements with another
                                                  business address, or legal business                     archaeological materials from Mali.                   State Party to the Convention to impose
                                                  status of a person or firm to whom a                    These restrictions, which were                        import restrictions on eligible
                                                  registered identification number has                    originally imposed by Treasury Decision               archaeological and ethnological
                                                  been assigned, by application duly                      (T.D.) 93–74, and last extended by CBP                materials under procedures and
                                                  executed on the Commission’s Web site                   Decision (Dec.) 12–14, are due to expire              requirements prescribed by the Act.
                                                  at https://rn.ftc.gov or by such means as               on September 19, 2017. The Acting                        In certain limited circumstances, the
                                                  the Commission or its designee may                      Under Secretary for Public Diplomacy                  Cultural Property Implementation Act
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  direct.                                                 and Public Affairs, United States                     authorizes the imposition of restrictions
                                                     (c) Registered identification numbers                Department of State, has determined                   on an emergency basis (19 U.S.C.
                                                  assigned under this section may be used                 that conditions warrant the continued                 2603(c)(1)). Under the Act and the
                                                  on labels required in labeling products                 imposition of import restrictions on                  applicable CBP regulations (19 CFR
                                                  subject to the provisions of the Wool                   certain archaeological materials and the              12.104g(b)), emergency restrictions are
                                                  Products Labeling Act and Fur Products                  addition of import restrictions on                    effective for no more than five years
                                                  Labeling Act, and numbers previously                    certain ethnological materials from                   from the date of the State Party’s request
                                                  assigned by the Commission under such                   Mali. The Designated List of cultural                 and may be extended for three years


                                             VerDate Sep<11>2014   16:10 Sep 18, 2017   Jkt 241001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\19SER1.SGM   19SER1


                                                                   Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations                                      43693

                                                  where it is determined that the                         century in the amended Designated List                date unless the conditions set forth in
                                                  emergency condition continues to apply                  for an additional period of five years                19 U.S.C. 2606 and 19 CFR 12.104c are
                                                  with respect to the covered materials (19               until September 19, 2012.                             met.
                                                  U.S.C. 2603(c)(3)); such restrictions may                 On September 19, 2012, CBP                            In this document, the Designated List
                                                  also be continued pursuant to an                        published CBP Dec. 12–14 in the                       of articles that was published in CBP
                                                  agreement concluded within the                          Federal Register (77 FR 58020), which                 Dec. 07–77 is amended to include
                                                  meaning of the Act (19 U.S.C.                           amended 19 CFR 12.104g(a) to reflect                  ethnological materials comprised of
                                                  2603(c)(4)).                                            the extension of the import restrictions              manuscripts dating between the twelfth
                                                    On September 23, 1993, under the                      for an additional period of five years                and twentieth centuries in paper. The
                                                  authority of the Cultural Property                      until September 19, 2017.                             articles described in the Designated List
                                                  Implementation Act, the former U.S.                       On March 14, 2017, by publication in                set forth below are protected pursuant to
                                                  Customs Service published Treasury                      the Federal Register (82 FR 13706), the               the Agreement.
                                                  Decision (T.D.) 93–74 in the Federal                    United States Department of State
                                                  Register (58 FR 49428) imposing                         proposed to extend the Agreement                      Amended Designated List
                                                  emergency import restrictions on                        between the United States and Mali                      This Designated List, amended as set
                                                  archaeological objects from the region of               concerning the imposition of import                   forth in this document, includes
                                                  the Niger River Valley of Mali and the                  restrictions on archaeological material               archaeological material that originates
                                                  Bandiagara Escarpment (Cliff), Republic                 from Mali from the Paleolithic Era                    in Mali, ranging in date from the
                                                  of Mali (Mali) and accordingly amended                  (Stone Age) to approximately the mid-                 Paleolithic Era (Stone Age) to
                                                  19 CFR 12.104g(b).                                      eighteenth century. Pursuant to the                   approximately the mid-eighteenth
                                                    On September 19, 1997, the United                     statutory and decision-making process,                century A.D. These materials include,
                                                  States entered into a bilateral agreement               the Designated List of materials covered              but are not limited to, objects of
                                                  with Mali that continued without                        by the restrictions is being amended to               ceramic, leather, metal, stone, glass,
                                                  interruption the import restrictions                    include certain ethnological materials,               textiles, and wood. The Designated List
                                                  previously placed on the same                           specifically manuscripts dating between               also includes a certain category of
                                                  archaeological material. On September                   the twelfth and twentieth centuries in                ethnological material, namely
                                                  23, 1997, the former U.S. Customs                       paper. Thus, the Agreement now covers                 manuscripts dating between the twelfth
                                                  Service published T.D. 97–80 in the                     both the previously covered                           and twentieth centuries in paper. The
                                                  Federal Register (62 FR 49594), which                   archaeological materials, as set forth in             Designated List and more information
                                                  amended 19 CFR 12.104g(a) to reflect                    the Designated List published in CBP                  on the import restrictions can be
                                                  the imposition of these restrictions, and               Dec. 07–77, and the additional                        obtained from the Mali country section
                                                  included a list designating the types of                ethnological materials (see 19 U.S.C.                 of the International Cultural Property
                                                  archaeological material covered by the                  2604, authorizing the Secretary of the                Protection Web site at http://
                                                  restrictions. (T.D. 97–80 also removed                  Treasury, by regulation, to promulgate                exchanges.state.gov/heritage/culprop/
                                                  the emergency restrictions for Mali from                and, when appropriate, revise the list of             mlfact.html.
                                                  19 CFR 12.104g(b).)                                     designated archaeological and/or                        The list set forth below is
                                                    Under the Act and applicable U.S.                     ethnological materials covered by an                  representative only. Any dimensions are
                                                  Customs and Border Protection (CBP)                     agreement between State Parties to the                approximate.
                                                  regulations (19 CFR 12.104g), the                       Convention).
                                                  restrictions are effective for no more                    On August 7, 2017, the Acting Under                 Archaeological Material (Dating From
                                                  than five years beginning on the date on                Secretary for Public Diplomacy and                    the Paleolithic Era (Stone Age) to
                                                  which the agreement enters into force                   Public Affairs, United States                         Approximately the Mid-Eighteenth
                                                  with respect to the United States (19                   Department of State, determined that                  Century)
                                                  U.S.C. 2602(b)). This period may be                     the cultural heritage of Mali continues               I. Ceramics/Terra Cotta/Fired Clay
                                                  extended for additional periods, each                   to be in jeopardy from pillage of certain
                                                  such period not to exceed five years,                   archaeological materials and is also in                 Types of ceramic forms (stylistically
                                                  where it is determined that the factors                 jeopardy from the pillage of certain                  known as Djenné-Djeno or Jenne,
                                                  justifying the initial agreement still                  ethnological materials. The Acting                    Bankoni, Guimbala, Banamba,
                                                  pertain and no cause for suspension of                  Under Secretary made the necessary                    Bougouni, Bura and other stylistic
                                                  the agreement exists (19 U.S.C. 2602(e);                determination to extend the import                    labels) that are known to come from the
                                                  19 CFR 12.104g(a)). On September 20,                    restrictions for an additional five-year              region include, but are not limited to:
                                                  2002, the former U.S. Customs Service                   period to September 19, 2022, and to                  A. Figures/Statues.
                                                  published T.D. 02–55 in the Federal                     include in their coverage ethnological                  1. Anthropomorphic figures, often
                                                  Register (67 FR 59159), which amended                   materials, specifically manuscripts                        incised, impressed and with added
                                                  19 CFR 12.104g(a) to reflect the                        dating between the twelfth and                             motifs, such as scarification marks
                                                  extension of these import restrictions for              twentieth centuries in paper. An                           and serpentine patterns on their
                                                  an additional period of five years until                international agreement has been                           bodies, often depicting horsemen or
                                                  September 19, 2007.                                     concluded reflecting the extension of                      individuals sitting, squatting,
                                                    On September 19, 2007, CBP                            the Agreement and, pursuant to the                         kneeling, embracing, or in a
                                                  published CBP Decision (Dec.) 07–77 in                  Agreement, the import restrictions are                     position of repose, arms elongated
                                                  the Federal Register (72 FR 53414),                     being extended, as described in this                       the length of the body or crossed
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                                                  which amended 19 CFR 12.104g(a) to                      document and as applicable to the                          over the chest, with the head tipped
                                                  reflect the extension and amendment of                  revised Designated List set forth in this                  backwards. (H: 2 to 20 in.)
                                                  the import restrictions for Mali. The                   document. Thus, CBP is amending 19                      2. Zoomorphic figures, often depicting
                                                  2007 amendment added import                             CFR 12.104g(a) accordingly. Importation                    a snake motif on statuettes or on the
                                                  restrictions on new subcategories of                    of covered materials from Mali will be                     belly of globular vases. Sometimes
                                                  objects throughout Mali from the                        restricted through September 19, 2022.                     the serpent is coiled in an
                                                  Paleolithic Era (Stone Age) to                          Importation of such materials from Mali                    independent form. A horse motif is
                                                  approximately the mid-eighteenth                        continues to be restricted through that                    common, but is usually mounted.


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                                                  43694            Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations

                                                       Includes quadrupeds. (H: 2 to 16                     a. Anthropomorphic figures. (H: 5 to                C. Household Utensils.
                                                       in.)                                                    30 in.)                                            1. Bowls.
                                                  B. Common Vessels.                                        b. Zoomorphic figures, sometimes                      2. Spoons—carved and decorated.
                                                    1. Funerary jars, ocher in color, often                    representing a serpent. (H: 5 to 30              D. Agricultural/Hunting Implements.
                                                       stamped with chevrons. (H: 20 to 32                     in.)                                               1. Hoes and axes—with either a
                                                       in.)                                                 2. Headrests of the Tellem culture.                      socketed or tanged shafting without
                                                    2. Globular vases often stamped with                    3. Ring-bells or fingerbells of the                      iron blades.
                                                       chevrons and serpentine forms. (H:                      Tellem culture.                                    2. Bows—with a notch and a hole at
                                                       under 4 in.)                                         4. Bracelets and armlets of the Tellem                   one end and a hole at the other with
                                                    3. Bottles with a long neck and a belly                    culture.                                              twisted, untanned leather straps for
                                                                                                                                                                     the ‘‘string’’.
                                                       that is either globular or                           5. Hairpins, twisted and voluted, of
                                                                                                                                                                  3. Arrows, quivers.
                                                       streamlined. Some have lids shaped                      the Tellem culture.                                4. Knife sheaths.
                                                       like a bird’s head.                                                                                      E. Musical Instruments.
                                                                                                          IV. Stone
                                                    4. Ritual pottery of the Tellem culture,                                                                      1. Flutes with end blown, bi-toned.
                                                       decorated with a characteristic                      Objects of stone from Mali include,                   2. Harps.
                                                       plaited roulette.                                  but are not limited to:                                 3. Drums.
                                                    a. Pot made on a convex mold built                    A. Beads in carnelian (faceted) and                   Ethnological Material
                                                       up by coiling.                                       other types of stone.
                                                    b. Hemispherical pots made on three                   B. Quartz lip plugs.                                  VIII. Manuscripts
                                                       or four legs or feet resting on a                  C. Funerary stelae (headstones)                          Manuscripts and portions thereof
                                                       stand.                                               inscribed in Arabic.                                from the Mali Empire, Songhai Empire,
                                                    5. Kitchen pottery of the Tellem                      D. Chipped stone lithics from the                     pre-Colonial, and French Colonial
                                                       culture with the paddle-and-anvil                    Paleolithic and later eras including                periods of Mali (twelfth to early
                                                       technique decorated with                             axes, knives, scrapers, arrowheads,                 twentieth centuries), including but not
                                                       impressions from woven mats.                         and cores.                                          limited to Qur’ans and other religious
                                                  II. Leather                                             E. Ground Stone from the Neolithic and                texts, letters, treatises, doctrines, essays
                                                                                                            later eras including axes, adzes,                   or other such papers spanning the
                                                    Objects of leather found in Tellem                      pestles, grinders, and bracelets.                   subjects of astronomy, law, Islam,
                                                  funerary caves of the Bandiagara                                                                              philosophy, mathematics, governance,
                                                  Escarpment include, but are not limited                 V. Glass Beads
                                                                                                                                                                medicine, slavery, commerce, poetry,
                                                  to:                                                       A variety of glass beads have been                  and literature, either as single leaves or
                                                  A. Clothing.                                            recovered at archaeological sites in                  bound as a book (or ‘‘codex’’), and
                                                    1. Sandals often decorated and                        Mali.                                                 written in Arabic using the Kufic,
                                                       furnished with a leather ankle                     VI. Textiles                                          Hijazi, Maghribi, Saharan, Sudani, Suqi,
                                                       protection.                                                                                              Nashk, or Ajami scripts written on
                                                    2. Boots profusely painted with                         Textile objects, or fragments thereof,              paper.
                                                       geometric designs.                                 have been recovered in the Tellem
                                                                                                          funerary caves of the Bandiagara                      Inapplicability of Notice and Delayed
                                                    3. Plaited bracelets.
                                                                                                          Escarpment and include, but are not                   Effective Date
                                                    4. Knife-sheaths.
                                                    5. Loinskin.                                          limited to:                                              This amendment involves a foreign
                                                    6. Bag.                                               A. Cotton.                                            affairs function of the United States and
                                                                                                            1. Tunics.                                          is, therefore, being made without notice
                                                  III. Metal                                                                                                    or public procedure under 5 U.S.C.
                                                                                                            2. Coifs.
                                                    Objects of copper, bronze, iron, and                    3. Blankets.                                        553(a)(1). In addition, CBP has
                                                  gold from Mali include, but are not                     B. Vegetable Fiber.                                   determined that such notice or public
                                                  limited to:                                               Skirts, aprons and belts made of                    procedure would be impracticable and
                                                  A. Copper and Copper Alloy (Such as                          twisted and intricately plaited                  contrary to the public interest because
                                                       Bronze).                                                vegetable fiber.                                 the action being taken is essential to
                                                    1. Figures/Statues.                                   C. Wool.                                              avoid interruption of the application of
                                                    a. Anthropomorphic figures,                             Blankets.                                           the existing import restrictions (5 U.S.C.
                                                       including equestrian figures and                                                                         553(b)(B)). For the same reason, a
                                                                                                          VII. Wood                                             delayed effective date is not required
                                                       kneeling figures. (Some are
                                                       miniatures no taller than 2 inches;                  Objects of wood may be found                        under 5 U.S.C. 553(d)(3).
                                                       others range from 6 to 30 in.)                     archaeologically (in funerary caves of                Regulatory Flexibility Act
                                                    b. Zoomorphic figures, such as the                    the Tellem or Dogon peoples in the
                                                                                                          Bandiagara Escarpment, for example).                    Because no notice of proposed
                                                       bull and the snake.                                                                                      rulemaking is required, the provisions
                                                    2. Bells (H: 4 to 5 in.) and finger bells             Following are representative examples
                                                                                                          of wood objects usually found                         of the Regulatory Flexibility Act (5
                                                       (H: 2 to 3 in.).                                                                                         U.S.C. 601 et seq.) do not apply.
                                                    3. Pendants, known to depict a bull’s                 archaeologically:
                                                       head or a snake. (H: 2 to 4 in.)                   A. Figures/Statues.                                   Executive Orders 12866 and 13771
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                                                    4. Bracelets, known to depict a snake                   1. Anthropomorphic figures—usually                    This rule is not a significant
                                                       (Diameter: 5 to 6 in.).                                 with abstract body and arms raised               regulatory action for purposes of
                                                    5. Bracelets, known to be shaped as a                      standing on a platform, sometimes                Executive Order 12866 or Executive
                                                       head and antelope (Diameter: 3 to 4                     kneeling. (H: 10 to 24 in.)                      Order 13771.
                                                       in.).                                                2. Zoomorphic figures—depicting
                                                    6. Finger rings.                                           horses and other animals. (H: 10 to              Signing Authority
                                                  B. Iron.                                                     24 in.)                                            This regulation is being issued in
                                                    1. Figures/Statues.                                   B. Headrests.                                         accordance with 19 CFR 0.1(a)(1).


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                                                                   Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations                                           43695

                                                  List of Subjects in 19 CFR Part 12                       FOR FURTHER INFORMATION CONTACT:      Gary            annual effect on the economy of
                                                    Cultural property, Customs duties and                  Shinners, Executive Secretary, National               $100,000,000 or more or a major
                                                  inspection, Imports, Prohibited                          Labor Relations Board, 1015 Half Street               increase in costs or prices, nor will
                                                  merchandise.                                             SE., Washington, DC 20570, (202) 273–                 these amendments have significant
                                                                                                           3737 (this is not a toll-free number), 1–             adverse effects on competition,
                                                  Amendment to CBP Regulations                             866–315–6572 (TTY/TDD).                               employment, investment, productivity,
                                                    For the reasons set forth above, part                  SUPPLEMENTARY INFORMATION:                            innovation, or on the ability of United
                                                  12 of Title 19 of the Code of Federal                                                                          States-based companies to compete with
                                                                                                           Background on the Rulemaking                          foreign-based companies in domestic
                                                  Regulations (19 CFR part 12), is
                                                  amended as set forth below.                                The changes are summarized below:                   and export markets.

                                                  PART 12—SPECIAL CLASSES OF                               I. Video Conferencing Testimony                       Paperwork Reduction
                                                  MERCHANDISE                                                 The Board added language covering                    The amended regulations contain no
                                                                                                           procedures applicable to deposition                   additional information-collection or
                                                  ■ 1. The general authority citation for                  testimony contemporaneously
                                                  part 12 and the specific authority                                                                             record-keeping requirements under the
                                                                                                           transmitted by videoconference. The                   Paperwork Reduction Act of 1995, 44
                                                  citation for § 12.104g continue to read as               procedures cover the filing of
                                                  follows:                                                                                                       U.S.C. 3501, et seq.
                                                                                                           applications to take depositions by
                                                    Authority: 5 U.S.C. 301; 19 U.S.C. 66,                 videoconference, the safeguards                       Public Participation
                                                  1202 (General Note 3(i), Harmonized Tariff               required for the taking of
                                                  Schedule of the United States (HTSUS)),                  videoconference testimony, the timing,                  This rule is published as a final rule.
                                                  1624;                                                    method, and bases for filing objections               The National Labor Relations Board
                                                                                                           to the admissibility of videoconference               considers this rule to be a procedural
                                                  *      *      *       *      *                                                                                 rule which is exempt from notice and
                                                     Sections 12.104 through 12.104i also                  testimony, transcription of
                                                  issued under 19 U.S.C. 2612;                             videoconference testimony, and the                    public comment, pursuant to 5 U.S.C.
                                                                                                           payment of witness and court reporter                 553(b)(3)(A), as a rule of ‘‘agency
                                                  *      *      *       *      *                                                                                 organization, procedure, or practice.’’ If
                                                                                                           fees associated with the taking of
                                                  § 12.104(g)      [Amended]                               videoconference testimony.                            you wish to contact the Agency, please
                                                                                                                                                                 do so at the above listed address.
                                                  ■  2. In § 12.104g, paragraph (a), the table             II. Amicus Curiae Brief Filings                       However, before including your address,
                                                  is amended in the entry for ‘‘Mali’’ by:
                                                  ■ a. In the column headed ‘‘Cultural                        The Board added language setting                   phone number, email address, or other
                                                  Property,’’ after the word ‘‘century’’ add               forth the procedures covering                         personal identifying information in your
                                                  the following words: ‘‘, and ethnological                procedures applicable to amicus curiae                comment, you should be aware that
                                                  materials dating between the twelfth                     briefs. The procedures cover the                      your entire comment—including your
                                                  and twentieth centuries’’, and                           circumstances when motions for                        personal identifying information—may
                                                  ■ b. In the column headed ‘‘Decision                     permission to file an amicus brief may                be made publicly available at any time.
                                                  No.,’’ by removing ‘‘12–14’’ and                         be filed, the contents of such motions,               While you can ask us in your comment
                                                  replacing it with ‘‘17–12’’.                             replies to motions, page length of                    to withhold your personal identifying
                                                                                                           amicus briefs, parties’ answering briefs              information from public review, we
                                                    Dated: September 15, 2017.                                                                                   cannot guarantee that we will be able to
                                                                                                           to amicus briefs, and the solicitation of
                                                  Ronald D. Vitiello,                                                                                            do so.
                                                                                                           amicus briefs by the Board.
                                                  Acting Deputy Commissioner, U.S. Customs
                                                  and Border Protection.                                   Regulatory Flexibility Act Certification              List of Subjects in 29 CFR Part 102
                                                    Approved:                                                Pursuant to Section 605(b) of the                     Administrative practice and
                                                  Timothy E. Skud,                                         Regulatory Flexibility Act, 5 U.S.C.                  procedure, Labor management relations.
                                                  Deputy Assistant Secretary of the Treasury.              605(b), the Agency has determined that
                                                                                                           these rule amendments will not have a                 Gary Shinners,
                                                  [FR Doc. 2017–20056 Filed 9–15–17; 4:15 pm]
                                                                                                           significant impact on a substantial                   Executive Secretary.
                                                  BILLING CODE 9111–14–P
                                                                                                           number of small entities.
                                                                                                                                                                   For the reasons stated in the
                                                                                                           Unfunded Mandates Reform Act of 1995                  preamble, the National Labor Relations
                                                  NATIONAL LABOR RELATIONS                                                                                       Board amends 29 CFR part 102 as
                                                  BOARD                                                      These rule amendments will not
                                                                                                           result in the expenditure by state, local,            follows:
                                                  29 CFR Part 102                                          and tribal governments, in the aggregate,             PART 102—RULES AND
                                                                                                           or by the private sector, of $100,000,000             REGULATIONS, SERIES 8
                                                  RIN 3142–AA10                                            or more in any one year, and it will not
                                                  Procedural Rules and Regulations                         significantly or uniquely affect small
                                                                                                           governments. Therefore, no actions are                ■ 1. The authority citation for part 102
                                                  AGENCY:    National Labor Relations                      deemed necessary under the provisions                 continues to read as follows:
                                                  Board.                                                   of the Unfunded Mandates Reform Act                     Authority: Sections 1, 6, National Labor
                                                  ACTION:    Final rule.                                   of 1995.                                              Relations Act (29 U.S.C. 151, 156). Section
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                                                                                                                                 102.117 also issued under section
                                                  SUMMARY:  The National Labor Relations                   Small Business Regulatory Enforcement                 552(a)(4)(A) of the Freedom of Information
                                                  Board amends its procedural rules and                    Fairness Act of 1996                                  Act, as amended (5 U.S.C. 552(a)(4)(A)), and
                                                  regulations to include testimony                                                                               Section 102.117a also issued under section
                                                                                                             This action is not a major rule as                  552a(j) and (k) of the Privacy Act of 1974 (5
                                                  transmitted by videoconference, and                      defined by Section 804 of the Small                   U.S.C. 552a(j) and (k)). Sections 102.143
                                                  amicus brief filings.                                    Business Regulatory Enforcement                       through 102.155 also issued under section
                                                  DATES: This rule is effective on                         Fairness Act of 1996, 5 U.S.C. 804.                   504(c)(1) of the Equal Access to Justice Act,
                                                  September 29, 2017.                                      These amendments will not result in an                as amended (5 U.S.C. 504(c)(1)).



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Document Created: 2018-10-24 14:17:41
Document Modified: 2018-10-24 14:17:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective September 19, 2017.
ContactFor regulatory aspects, Lisa L. Burley, Chief, Cargo Security, Carriers and Restricted Merchandise Branch, Regulations and Rulings, Office of Trade, (202) 325-0215, [email protected] For operational aspects, William R. Scopa, Branch Chief, Partner Government Agencies Branch, Trade Policy and Programs, Office of Trade, (202) 863-6554, [email protected]
FR Citation82 FR 43692 
RIN Number1515-AE32
CFR AssociatedCultural Property; Customs Duties and Inspection; Imports and Prohibited Merchandise

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