[Federal Register Volume 68, Number 183 (Monday, September 22, 2003)]
[Rules and Regulations]
[Pages 55000-55005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24085]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

19 CFR Part 12

[CBP Decision 03-28]
RIN 1515-AD34


Import Restrictions Imposed on Archaeological Materials From 
Cambodia

AGENCY: Customs and Border Protection, Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to reflect the 
imposition of import restrictions on certain archaeological materials 
originating in Cambodia. These restrictions are being imposed pursuant 
to an agreement between the United States and the Government of the 
Kingdom of Cambodia that was entered into under the authority of the 
Convention on Cultural Property Implementation Act in accordance with 
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. The document amends the Customs Regulations by 
adding Cambodia to the list of countries for which an agreement has 
been entered into for imposing import restrictions. The document 
contains the list of designated archaeological materials that describes 
the types of articles to which the restrictions apply. The document 
also rescinds the emergency restrictions already in place for certain 
stone archaeological material from Cambodia. These materials are 
subsumed in the restrictions published today.

EFFECTIVE DATE: September 22, 2003.

FOR FURTHER INFORMATION CONTACT: (Legal Aspects) Joseph Howard, 
Intellectual Property Rights Branch (202) 572-8701; (Operational 
Aspects) Michael Craig, Trade Operations (202) 927-1684.

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 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)). United States 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 United States leadership in achieving 
greater international cooperation towards preserving cultural treasures 
that are of importance to nations from where they originate and greater 
international understanding of mankind's common heritage.
    During the past several years, import restrictions have been 
imposed on archaeological and ethnological artifacts of a number of 
signatory nations. These restrictions have been imposed as a result of 
requests for protection received from those nations and pursuant to 
bilateral agreements between the United States and these other 
countries. Additional information on cultural property import 
restrictions can be found on the International Cultural Property 
Protection web site (http://exchanges.state.gov/education/culprop).

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). With respect to the import 
restrictions in the instant case, these determinations, made initially 
on August 25, 1999, by the then Associate Director for Education and 
Cultural Affairs, United States Information Agency, and subsequently

[[Page 55001]]

affirmed on January 23, 2003, by the Assistant Secretary of Educational 
and Cultural Affairs, Department of State, provide the following: (1) 
That the cultural patrimony of Cambodia is in jeopardy from the pillage 
of the archaeological materials described further below in the list of 
designated materials; (2) that Cambodia has taken measures consistent 
with the Convention to protect its cultural patrimony; (3) that import 
restrictions imposed by the United States would be of substantial 
benefit in deterring a serious situation of pillage, if applied in 
concert with similar restrictions implemented or to be implemented by 
those nations having a significant import trade in such material, and 
remedies less drastic are not available; and (4) that the application 
of import restrictions is consistent with the general interests of the 
international community in the interchange of the designated 
archaeological materials among nations for scientific, cultural, and 
educational purposes.

The Agreement

    On September 19, 2003, the United States and Cambodia entered into 
a bilateral agreement (the Agreement) pursuant to the provisions of 19 
U.S.C. 2602(a)(2) covering certain Khmer stone, metal, and ceramic 
archaeological material ranging in date from the 6th century through 
the 16th century A.D. Accordingly, Customs and Border Protection (CBP; 
the bureau of the new Department of Homeland Security that includes 
much of the former U.S. Customs Service) is amending Sec.  12.104g(a) 
of the Customs Regulations (19 CFR 12.104g(a)) to indicate that import 
restrictions have been imposed pursuant to the Agreement. The 
archaeological materials subject to the restrictions are described 
further below.

Restrictions

    CBP notes that emergency import restrictions (19 U.S.C. 2603) on 
certain stone archaeological materials from Cambodia were imposed under 
T.D. 99-88 (64 FR 67479, December 2, 1999). These materials covered by 
T.D. 99-88 are subsumed in the recently signed bilateral Agreement and 
continue to be subject to import restrictions. Thus, this document 
amends the Customs Regulations to remove the listing of Cambodia from 
Sec.  12.104g(b) pertaining to emergency actions.
    Importation of the materials described in the list below, including 
those which, up to now, have been subject to the restrictions of T.D. 
99-88, are subject to the restrictions of 19 U.S.C. 2606 and Sec.  
12.104g(a) of the Customs 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 Sec.  12.104c of the regulations (19 CFR 
12.104c) are met. For example, these materials may be permitted entry 
if accompanied by appropriate export certification issued by the 
Government of Cambodia or by documentation showing that exportation 
from Cambodia occurred before December 2, 1999, with respect to the 
Khmer stone archaeological materials that have been covered under T.D. 
99-88, and September 22, 2003, with respect to the Khmer archaeological 
materials not covered previously under T.D. 99-88 (See 19 U.S.C. 
2606(b)(1) and (2)(B); 19 CFR 12.104c(a) and (c); see also 19 U.S.C. 
2606(a) and 2604.)

List of Categories of Khmer Archaeological Materials from Cambodia (6th 
c. through the 16th c. A.D.)

    Khmer archaeological material of the 6th through the 16th century 
A.D. from Cambodia includes the categories listed below. The following 
list is representative only.

I. Stone

    This category consists largely of materials made of sandstone, 
including many color shades (grey to greenish to black, pink to red and 
violet, and some yellowish tones) and varying granulosity. Due to 
oxidation and iron content, the stone surface can become hard and take 
on a different color than the stone core. These surface colors range 
from yellowish to brownish to different shades of grey. This dense 
surface can be polished. Some statues and reliefs are coated with a 
kind of clear shellac or lacquer of different colors (black, red, gold, 
yellow, brown). The surface of sandstone pieces can also however be 
quite rough. Chipped surfaces can be white in color. In the absence of 
any systematic technical analysis of ancient Khmer stonework, no exact 
description of other stone types can be provided. It is clear however 
that other types of stone were also used (some volcanic rock, rhyolite, 
and schist, etc.), but these are nonetheless exceptional. Some quartz 
objects are also known. Precious and semi-precious stones were also 
used as applied decor or in jewelry settings.
    Different types of stone degradation can be noted. Eroded surfaces 
result from sanding (loss of surface grains), contour scaling 
(detachment of surface plaques along contour lines), flaking, and 
exfoliation. The stone can also split along sedimentation layers. 
Chipping or fragmentation of sculpted stone is also common.
    Stone objects included here come under three historical periods: 
pre-Angkorian (6th-9th c.), Angkorian (9th-14th c.), and post-Angkorian 
(14th-16th c.). Many stone objects can be firmly assigned to one of 
these three periods; some, notably architectural elements and statues, 
can be further assigned a specific style and a more precise date within 
the given period.

A. Sculpture

1. Architectural Elements
    Stone was used for religious architecture in the pre-Angkorian and 
Angkorian periods. The majority of ancient Khmer temples were built 
almost entirely in stone. Even for those temples built primarily in 
brick, numerous decorative elements in stone were also employed. Only 
small portions of early post-Angkorian edifices were built in stone. 
The architectural elements that follow are therefore characteristic of 
pre-Angkorian and Angkorian times. The state of the material varies 
greatly, some objects being well preserved, others severely eroded or 
fragmented. The sculpture of some pieces remains unfinished.
    a. Pediments. Pediments are large decorative stone fixtures placed 
above temple doorways. They are triangular in shape and composed of two 
or more separate blocks that are fitted together and sculpted with 
decorative motifs. The ensemble can range from approximately 1-3 meters 
in width and 1-3 meters in height. Motifs include floral scrolls, 
medallions, human figures, and animals. A whole scene from a well-known 
story can also be represented.
    b. Lintels. Lintels are rectangular monoliths placed directly above 
temple entrance gates or doorways, below the pediments described above. 
They are decorated with motifs similar to those of pediments. They can 
reach up to nearly one meter in height and one and one half meters in 
width.
    c. False doors. Three of the four doorways of a temple sanctuary 
are frequently ``false doors''; that is, though they are sculpted to 
look like doors, they do not open. They bear graphic and floral motifs, 
sometimes integrating human and animal figures. These doors can reach 
up to more than two meters in height and more than one meter in width. 
They can be monolithic or composed of separate blocks fitted together.
    d. Columnettes. Columnettes are decorative columns placed on either 
side of a temple door entrance. They can

[[Page 55002]]

be sculpted in deep relief out of a temple doorway and therefore remain 
attached to the doorway on their back side. The earliest columnettes 
are round and sculpted with bands which themselves are sculpted with 
decorative motifs. Later in the Angkorian period, the columnettes are 
octagonal in shape and bear more complex and abundant sculpted decor on 
the concentric bands. This decor includes graphic designs (pearls, 
diamond shapes, flowers, etc.) repeated at regular intervals along the 
length of the column. The base of the column is square and is also 
sculpted with diverse motifs and figures. The columnettes can reach 
around 25 cm. in diameter and more than two meters in height.
    e. Pilasters. Pilasters are decorative rectangular supports 
projecting partially from the wall on either side of a temple doorway. 
They are treated architecturally as columns with base, shaft, and 
capital. Motifs include floral scrolls and graphic designs of pearls, 
diamond shapes, etc., as well as human or animal figures. They range in 
width from approximately 20-30 cm. and can reach a height of more than 
two meters.
    f. Antefixes. Antefixes are decorative elements placed around the 
exterior of each level of temple tower. They are small free-standing 
sculptures and can take multiple forms, including but not limited to 
graphic designs, animal figures, human figures in niches, and miniature 
models of temples.
    g. Balustrade finials. Long balustrades in the form of mythical 
serpents are found in many Angkorian temples. Often, these line either 
side of the entrance causeways to temples. The ends of the balustrade 
take the form of the serpent's multiple cobra-like heads.
    h. Wall reliefs. Much of the surface area of most temples is 
sculpted with decorative reliefs. This decor includes graphic designs 
and floral motifs as well as human or animal figures. The figures can 
range in size from just a few centimeters to more than one meter in 
height. They can be integrated into the decor or set off in niches. 
Narrative scenes can also be represented.
    i. Other decorative items. Other decorative items include wall 
spikes, roof tile finials, sculpted steps, and other architectural 
decorations.
2. Free-Standing Sculpture
    The pre-Angkorian and Angkorian periods are characterized by 
extensive production of statuary in stone. Some stone statuary was also 
produced during the post-Angkorian period. This statuary is relatively 
diverse, including human figures ranging from less than one half meter 
to nearly three meters in height, as well as animal figures. Some 
figures, representations of Indian gods, have multiple arms and heads. 
Figures can be represented alone or in groups of two or three. When 
male and female figures are presented together as an ensemble, the 
female figures are disproportionately smaller than their male 
counterparts. Some are part-human, part-animal. Figures can be 
standing, sitting, or riding animal mounts. Many figures are 
represented wearing crowns or special headdresses and holding 
attributes such as a baton or a conch shell. Clothing and sometimes 
jewelry are sculpted into the body. Though statues are generally 
monolithic, later post-Angkorian statues of the Buddha can have 
separate arms sculpted in wood and attached to the stone body. Many 
statues were once lacquered in black, dark brown, red, or gold colors 
and retain lacquer traces. Some yellow lacquer is also found.
    a. Human and hybrid (part-human, part-animal) figures. Examples 
include statues of the eight-armed god and the four-armed god, 
representations of Buddha in various attitudes or stances, and female 
and male figures or deities, including parts (heads, hands, crowns, or 
decorative elements) of statuary and groups of figures.
    b. Animal figures. Examples include bulls, elephants, lions, and 
small mammals such as squirrels.
    c. Votive objects. A number of more abstract sculptures were also 
the object of religious representation from pre-Angkorian to post-
Angkorian times. Examples include ritual phallic symbols and sculpted 
footprints of Buddha.
    d. Pedestals. Pedestals for statues can be square, rectangular, or 
round. They vary greatly in size and can be decorated with graphic and 
floral decor, as well as animal or human figures. They are usually made 
of numerous components fitted together, including a base and a top 
section into which the statue is set.
    e. Foundation deposit stones. Sacred deposits were placed under 
statues, as well as under temple foundations and in temple roof vaults, 
from pre-Angkorian to post-Angkorian times. Marks on these stones 
indicate sacred configurations, which could contain deposits such as 
gold or precious stones.
3. Stela
    a. Sculpted stelae. Free-standing stela, sculpted with shallow or 
deep reliefs, served as objects of worship and sometimes as boundary 
stones from pre-Angkorian to post-Angkorian times. Examples include 
stela with relief images of gods and goddesses, Buddhas, figures in 
niches, and other symbols.
    b. Inscriptions. Texts recording temple foundations or other 
information were inscribed on stone stela from pre-Angkorian to post-
Angkorian times. Such texts can also be found on temple doorjambs, 
pillars, and walls. The stela are found in a number of different shapes 
and sizes and can also bear decorative reliefs, for example a bull 
seated on a lotus flower.
4. Sculpture in Brick
    Brick was used mainly in pre-Angkorian and some relatively early 
Angkorian religious architecture. Yet, typically, while the bodies of 
buildings were in brick, some of the decorative elements listed above--
pediments, lintels, etc.--were in stone. The brick, of light orange 
color, was usually sculpted with a preliminary relief, which was then 
covered over with white stucco, itself sculpted along brick contours. 
Some brick reliefs seem however to have been fully sculpted and not 
meant to be covered in stucco. Brick temple reliefs include graphic 
design, as well as floral or animal decor. Human and animal figures can 
also be represented.

II. Metal

    This category consists mainly of bronze objects. No singular alloy 
is characteristic of Khmer bronzes, which contain varying degrees of 
copper, zinc, lead, and iron. Surface colors can range from dark to 
light brown to goldish; a green patina is found on many objects. Some 
bronzes are also gilt. Some artwork in silver and gold also survives 
but is much less common.
    Most objects were cast with the ``lost wax'' technique, by which a 
mold of the object is built around a full or hollow wax model; the wax 
is then melted out with hot metal, which then hardens in the mold. 
Decor can be chiseled into the finished metal surface. The ``repousse'' 
technique, by which metal is beaten into shape in a concave mold, was 
also used.
    Most of the objects presented here can be assigned to one of the 
major historical periods defined for stone objects above: pre-Angkorian 
(6th-9th c.), Angkorian (9th-14th c.), and post-Angkorian (14th-16th 
c.). Some pieces, in particular statuary and ritual or domestic 
accessories with motifs akin to architectural decor in stone, can also 
be assigned to specific styles and corresponding time periods within 
the larger historical periods. It should be noted however that, though 
the earliest full-sized statues in bronze found in Cambodia to date are 
attributed to pre-Angkorian times, metallurgy seems to have flourished 
in pre- and protohistoric periods and was indeed characteristic of 
cultures situated in southern Cambodia in the early centuries A.D. 
Excavations have

[[Page 55003]]

uncovered bronze and gold jewelry, as well as diverse accessory 
objects, attesting to a metal industry in this early period.

A. Statues and Statuettes

    Khmer metal statuary is comparable to Khmer stone statuary in both 
thematic and stylistic treatment. (See general description of free-
standing sculpture above.) Statues can be represented alone or in 
groups ranging from human figures on animal mounts to triads, to more 
complex ensembles including architectural structures and decor. Though 
some colossal statues are known in both pre-Angkorian and Angkorian 
times, metal statues are, generally, relatively smaller in scale than 
their stone counterparts. Colossal statues can reach more than two 
meters in height; fragments demonstrate that one reclining figure 
measured some six meters in length. Such colossal pieces are 
nonetheless rare.
    Statuettes as small around as 15 cm. are common; larger statues 
more typically reach around one meter in height. Small-scale statues 
are generally composed of a single cast; separate pieces however can be 
placed together, for example on a single pedestal, to form an ensemble. 
Larger works can be composed of multiple pieces fitted together with 
joints which can be concealed by chiseled decor. Only some small 
statuettes are solid. Others are composed of two plaques, one for the 
front of the piece and the other for the back; the plaques are filled 
with a resin-or tar-based substance and soldered together. Larger 
pieces are hollow. It should be noted that the Bayon period (late 12th-
early 13th c.) has left more bronze statuary than any other period.
    Post-Angkorian bronze statues and statuettes, like their stone 
counterparts, take on certain characteristics of Siamese sculpture but 
can nonetheless usually be identified as Khmer due to certain types of 
decor and bodily form which maintain or develop on a specific Angkorian 
tradition.
1. Human and Hybrid (Part-human, Part-animal) Figures
    Examples include standing male figures, Buddhas, four-armed male 
figures, female figures, gods, and goddesses, all in various attitudes 
and dress, including fragments of sculpture such as hands, arms, and 
heads.
2. Animal Figures
    Animal representations in bronze resemble those in stone in both 
thematic and stylistic treatment. Statues and statuettes include 
primarily bulls, lions, and elephants with one or three trunks. Other 
animals, such as horses, are also represented but are less common. The 
only colossal animal images known date to the late 12th-early 13th c. 
Other animal figures, such as the mythical multiheaded serpent and 
mythical birds and monkeys, are also frequently found as decor of 
ritual or domestic objects.
3. Pedestals
    Pedestals in bronze often appear to be simplified and reduced 
versions of their stone counterparts. One innovation of sculpting the 
base in openwork is to be noted.

B. Other Ritual and Domestic Objects

1. Special Objects Used in Ritual
    Special ritual objects include bells, conch shells, and musical 
instruments such as tambourines, etc.
2. Containers
    Ritual and domestic containers include such items as perfume 
holders, oil lamps or bowls, and boxes with decorative or sculptural 
features.
3. Decorative Elements From Ritual or Domestic Objects
    In addition to the decorative accessory items noted below, there 
exist insignia finials for banner poles which often take the form of 
small human or animal figures.
4. Jewelry
    Jewelry, including but not limited to rings, bracelets, arm bands, 
necklaces, and belts, could have been worn not only by people but also 
by statues. Different types of rings can be noted: Ring-stamps, rings 
with ornamental settings, rings with settings in the form of a bull or 
other animal, and rings with settings for stones.
5. Instruments
    Diverse percussion instruments, including varying sizes of gongs 
and cymbals, are made in bronze from ancient to modern times.
6. Animal Fittings
    In addition to bells to be suspended around the necks of animals, 
common to both the Angkorian and the post-Angkorian periods, various 
kinds of decorative animal harness accessories are known in post-
Angkorian times.

C. Architectural Elements

    Metal architectural elements include ceiling or wall plaques 
sculpted with flowers or other motifs, floral plaques, and panels.

D. Weapons

    Metal weapons include bows and arrows, daggers, and spear tips.

III. Ceramics

    Khmer ceramics include both glazed and unglazed stonewares. 
Stonewares, and particularly glazed wares, are characteristic of the 
Angkorian period (9th-14th c.). Khmer ceramics production primarily 
concerned functional vessels (vases, pots, etc.) but also included 
sculpture of figurines and architectural or other decorative elements. 
Angkorian period vessels were generally turned on a wheel and fired in 
kilns. Vessels range in size from around five to at least 70 cm. in 
height. Glaze colors are fairly limited and include creamy white, pale 
green (color of Chinese tea), straw-yellow, reddish-brown, brown, 
olive, and black. Light colors are generally glossy, while darker 
colors can be glossy or matte. Some two-colored wares, primarily 
combining pale green and brown, are also known. Decoration is 
relatively subtle, limited to incisions of graphic designs (criss-
crosses, striations, waves, etc.), some sculpted decor such as lotus 
petal shapes, and molding (ridges, grooves, etc.); some applied work is 
also seen. Most decoration is found on shoulders and necks, as on lids; 
footed vessels are typically beveled at the base. Many wasters 
(imperfect pieces) are found and are also subject to illicit trade.

A. Sculpture

    Ceramic sculpture known to have been produced in Cambodia proper 
largely concerns architectural elements. Though some figurines are 
known and are of notable refinement, statuary and reliefs in ceramics 
seem to be more characteristic of provincial production.
1. Architectural Elements
    Some pre-Angkorian, Angkorian, and post-Angkorian period buildings, 
primarily but not exclusively royal or upper-class habitation, were 
roofed with ceramic tiles. The tiles include undecorated flat tiles and 
convex and concave pieces fitted together; a sculpted tile was placed 
as a decor at the end of each row of tiles. These pieces were produced 
in molds and can be unglazed or glazed. The unglazed pieces are orange 
in color; the glazed pieces are creamy white to pale green. Spikes 
placed at the crest of roof vaults can also be made in ceramics. These 
spikes were fit into a cylinder, also made of ceramics, which was 
itself fitted into the roof vault.

[[Page 55004]]

2. Figurines and Ritual Objects
    Figurines, statuettes, or plaques can include human, hybrid (part-
human, part-animal), and animal figures. These are typically small in 
size (around 10 cm.). Ritual objects found in Cambodia proper are 
limited primarily to pieces in the shape of a conch shell, used for 
pouring sacral water or as blowing horns.

B. Vessels

1. Lidded Containers
    Examples include round lidded boxes with incised or sculpted 
decoration, bulbous vases with lids, and jars with conical multi-tiered 
lids. Lids themselves include conical shapes and convex lids with 
knobs.
2. Lenticular Pots
    Pots of depressed globular form are commonly referred to as 
lenticular pots. The mouth of the vessel is closed with a stopper.
3. Animal-shaped Pots
    The depressed globular form can take animal shapes, with applied 
animal head, tail, or other body parts that can serve as handles. The 
animal-shaped pot is also found in other forms. Animal-shaped pots 
often contain remains of white lime, a substance used in betel nut 
chewing. Shapes include bulls, elephants, birds, horses, and other 
four-legged creatures.
4. Human-shaped Pots
    Anthropomorphic vessels often have some applied and incised 
decoration representing human appendages, features, or clothing. The 
vessels are usually gourd-shaped bottles.
5. Bottles
    This category includes a number of different kinds of vessels with 
raised mouths.
6. Vases
    A number of different types of vases are grouped together under 
this general heading. Some are flat based and bulbous or conical. 
Others have pedestal feet. Some are characterized by their elongated 
necks. The ``baluster vases,'' for which Khmer ceramics are 
particularly known, have pedestal feet, conical bodies, relatively long 
necks, and flared mouths.
7. Spouted Pots
    These are vessels, usually in the ``baluster vase'' form, that have 
short pouring spouts attached to the shoulder. Some spouted pots also 
have ring handles on the opposite shoulder.
8. Large Jars
    Large barrel-shaped jars or vats have flat bases, wide mouths, 
short necks, and flattened everted rims. They are always iron glazed.
9. Bowls
    Bowls with broad, flat bases and flaring walls that are either 
straight or slightly concave, ending in plain everted or incurving 
rims, usually have green or yellowish glaze, although some brown-glazed 
bowls are known. Some are decorated with incised lines just below the 
rim. Most have deep flanges above the base; some are plain. Small 
hemispherical cups on button bases bear brown glaze. Another form is 
the bowl on a pedestal foot, most bearing an iron glaze.

Inapplicability of Notice and Delayed Effective Date

    Because the amendment to the Customs Regulations contained in this 
document imposes import restrictions on the above-listed cultural 
property of Cambodia by the terms of a bilateral agreement entered into 
in furtherance of a foreign affairs function of the United States, 
pursuant to the Administrative Procedure Act (5 U.S.C. 553(a)(1)), no 
notice of proposed rulemaking or public procedure is necessary and a 
delayed effective date is not required.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply. Accordingly, this final rule is not subject to the 
regulatory analysis or other requirements of 5 U.S.C. 603 and 604.

Executive Order 12866

    This amendment does not meet the criteria of a ``significant 
regulatory action'' as described in E.O. 12866.

Drafting Information

    The principal author of this document was Bill Conrad, Regulations 
Branch, Office of Regulations and Rulings, Customs and Border 
Protection.

List of Subjects in 19 CFR Part 12

    Cultural property, Customs duties and inspections, Imports.

Amendment to the Regulations

0
Accordingly, Part 12 of the Customs Regulations (19 CFR Part 12) is 
amended as set forth below:

PART 12--[AMENDED]

0
1. The general authority citation and specific authority citations for 
Part 12, in part, continue to read as follows:

    Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 23, 
Harmonized Tariff Schedule of the United States (HTSUS), 1624);
* * * * *
    Sections 12.104 through 12.104i also issued under 19 U.S.C. 
2612;
* * * * *

0
2. In Sec.  12.104g, paragraph (a), the list of agreements imposing 
import restrictions on described articles of cultural property of State 
Parties, is amended by adding ``Cambodia'' in the appropriate 
alphabetical order, and paragraph (b), the list of emergency actions 
imposing import restrictions, is amended by removing the entry for 
``Cambodia''. The addition reads as follows:


Sec.  12.104g  Specific items or categories designated by agreements or 
emergency actions.

    (a) * * *

------------------------------------------------------------------------
         State party            Cultural property         T.D. No.
------------------------------------------------------------------------
 
                              * * * * * * *
Cambodia....................  Khmer Archaeological  CBP Dec. 03-BC28
                               Material from the
                               6th century through
                               the 16th century
                               A.D.
 
                              * * * * * * *
------------------------------------------------------------------------


[[Page 55005]]

* * * * *

    Dated: September 17, 2003.
Robert C. Bonner,
Commissioner, Customs and Border Protection.
[FR Doc. 03-24085 Filed 9-18-03; 12:01 pm]
BILLING CODE 4820-02-P