[Federal Register Volume 59, Number 122 (Monday, June 27, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-15528] [[Page Unknown]] [Federal Register: June 27, 1994] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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
