Extension of Import Restrictions on Significant Archaeological Artifacts from Peru

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 12

[T.D. 94-54]

RIN 1515-AB55

Extension of Import Restrictions on Significant Archaeological

Artifacts from Peru

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to reflect the

extension of the import restrictions on culturally significant

archaeological artifacts from the Sipan Region of Peru which were

imposed by T.D. 90-37. The Deputy Director of the United States

Information Agency (USIA) has determined that the emergency conditions

which originally warranted the imposition of import restrictions still

exist. Accordingly, the restrictions will continue to be in effect for

an additional three years, and the Customs Regulations are being

amended to indicate this extension.

EFFECTIVE DATE: June 27, 1994.

FOR FURTHER INFORMATION CONTACT: Legal Aspects: John Atwood, Chief,

Intellectual Property Rights Branch, (202) 482-6960.

Operational Aspects: Roland Bernier, Chief, Other Agency

Enforcement Branch, Office of Trade Operations, (202) 927-0051.

SUPPLEMENTARY INFORMATION:

Background

Pursuant to the provisions of the Convention on Cultural Property

Implementation Act, the Deputy Director of the United States

Information Agency (USIA), after consultation with the Secretaries of

State and Treasury, determined that certain archaeological materials

from the Sipan Archaeological Region of Peru, which material was

identified as comprising part of Peru's cultural patrimony forming part

of the remains of the Moche culture were being pillaged, or in danger

of being pillaged, in crisis proportions and that an emergency

condition existed which warranted the imposition of a prohibition on

the importation of such articles into the United States. In T.D. 90-37,

the Customs Service announced the imposition of import restrictions and

identified the types of articles covered by the restrictions.

The Deputy Director of the USIA has considered the recommendations

of the Cultural Property Advisory Committee and determined that the

emergency conditions which warranted imposition of the initial

restrictions still exist and has decided to extend the import

restrictions for another three years. (See 59 FR 30633, June 14, 1944.)

Accordingly, Customs is amending Sec. 12.104g (19 CFR 12.104g) to

reflect the extension of the import restriction.

Executive Order 12866 and Regulatory Flexibility Act

This amendment is not a ``significant regulatory action'' within

the meaning of E.O. 12866. 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.

Inapplicability of Notice and Delayed Effective Date

Because this amendment reflects the extension of emergency import

restrictions on cultural property which is currently subject to pillage

and looting, pursuant to section 553(b)(B) of the Administrative

Procedure Act, no notice of proposed rulemaking or public procedure is

necessary. For the same reason, a delayed effective date is both

impracticable and contrary to the public interest.

Drafting Information

The principal author of this amendment was Peter T. Lynch,

Regulations Branch, Office of Regulations and Rulings, U.S. Customs

Service. However, personnel from other offices participated in its

development.

List of Subjects in 19 CFR Part 12

Customs duties and inspections, Imports, Cultural property.

Amendment to the Regulations

Accordingly, Part 12 of the Customs Regulations (19 CFR part 12) is

amended as set forth below:

Part 12--Special Classes of Merchandise

1. The general and specific authority citation for Part 12

continues to read as follows:

Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General note 17,

Harmonized Tariff Schedule of the United States (HTSUS)), 1624;

* * * * *

Sections 12.104--12.104i also issued under 19 U.S.C. 2612.

* * * * *

2. Section 12.104g is amended by adding ``extended by 94-54''

immediately after the entry ``90-37'' in the column headed ``T.D. No.''

adjacent to the entry for Peru.

Michael H. Lane,

Acting Commissioner of Customs.

Approved: June 15, 1994.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 94-15528 Filed 6-24-94; 8:45 am]

BILLING CODE 4820-02-P