Federal Register Notice,
June 11, 1997; 62(112):31713-31721
Archaeological and Ethnological
Material From Peru
DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 12
[T.D. 97-50]
RIN 1515-AC17
Archaeological and
Ethnological Material From Peru
AGENCY: U.S.
Customs Service, Department of the Treasury.
ACTION:
Final rule.
Previous
Section
IV.
Pre-Columbian Lithics
A. Chipped Stone: Projectile
Points
Paijan Type Points
Size: 8 cm.--18 cm.
Shape: Triangular or
heart-shaped.
Color: Generally reddish,
orange, or yellow. Can be made of quartz.
Leaf-Shaped Points
Size: 2.5 cm.--15 cm.
Shape: Leaf-shaped.
Can be ovaloid or lanceolate.
Color: Generally bright
reds, yellows, ochers, quartz crystals, milky whites, greens and blacks.
Paracas Type Points
Size: .3 cm.--25 cm.
Shape: Triangular and
lanceolate. Show marks of pressure-flaking. Often they are broken.
Color: Generally black.
Chivateros-Type Blanks
Size: .8 cm.--18 cm.
Shape: Concave indentations on the surface from working. Color: Greens,
reds, and yellows.
B. Polished Stone
Bowl--Vessels
of dark colored-stone, sometimes streaked. They have a highly polished,
very smooth surface. Some show external carved decoration. Diameters range
from 12 cm--55 cm.
Cups--Also vessels
of dark-colored stone. Generally have flaring sides. Typical of the Late
Horizon. They are highly polished and may have external carved designs
or may be in the shape of heads. 18 cm.-- 28 cm. in height.
Conopas--Small
vessels in the form of camelids with a hollow opening on the back. They
are black to greenish-black and highly polished. .8 cm.--16 cm. in length.
Idols--Small anthropomorphic
figurines, frequently found in Middle Horizon contexts. The almond-shaped
eyes with tear-bands are characteristic of the style. Larger examples
tend to be of lighter- colored stone while the smaller ones are of dark
stones. 12 cm.--28 cm. in height.
Mace head--Varying
shapes, most commonly are doughnut-shaped or star-shaped heads, generally
associated with Late Intermediate Period and Inca cultures. Commonly black,
gray, or white, .8 cm.--20 cm. in diameter.
Metal-working hammer--Elongated
shapes, frequently with one flat surface; highly polished. Generally of
dark-colored stone, 3 cm.--12 cm.
C. Carved Material
Tenon head--These
heads have an anthropomorphic face, prominent lips, and enormous noses.
Some, especially those carved of diorite, have snake-like traits. The
carved surface is highly polished.
Tablets--Tablets with
high-relief design. The upper surface has a patina. They range from 20
cm. to more than 1 m. in length.
V.
Pre-Columbian Perishable Remains
A. Wood
Keros (Beakers)--The
most common form is a bell-shaped beaker with a flat base, though some
have a pedestal like a goblet. Decoration varies with the period:
Pre-Inca: Very rare,
they have straight sides and incised or high- relief decoration. Some
have inset shells.
Inca: Generally they
are incised with geometric designs on the entire exterior.
Colonial Inca: Lacquer
painted on the exterior to depict scenes of daily life, nature, and
war.
Staffs--Objects
of ritual or ceremonial use made of a single piece of wood. They can be
distinguished on the basis of two or three of the following traits:
On the lower third,
the staff may have a metal decoration.
The body itself is
cylindrical and of variable length.
The upper third may
have decorations, including inset shell, stone, or metal. Some staffs
function as rattles, and in these cases, the rattle is in the upper
part.
Carvings--Worked
blocks of wood, such as wooden columns (orcones) to support the roofs
of houses: Chincha, Chimu, and Chancay cultures. Individuals may be depicted
standing or seated on a pedestal. In the upper part there is a notch to
support the beams, which generally has a face, sometimes painted, at the
base of the notch. Their length varies, but they are generally at least
a meter or more.
Box--Small lidded
boxes, carved of two pieces of wood. Generally the outer surface of box
and lid are carved in relief. Chimu-Inca cultures. They measure approximately
20 cm. x 10 cm.
Mirror--Wooden
supports for a reflective surface of polished anthracite or pyrite. In
some cases the upper part of backs of mirrors are worked in relief or
have inset of shell. Moche culture.
Paddle and rudder--Large
carvings made of a single piece of wood. Paddles have three parts: the
blade and the handle (sometimes decorated), and an upper decorated part,
which can have metal plaques or decorative painting. Rudders have two
parts: the blade and a handle which may be carved in relief. Chincha culture.
Paddles can be 2.30 m. in length and rudders are up to 1.4 m.
Utensils--Bowls
and spoons made of wood decorated with zoomorphic or anthropomorphic motifs.
Musical instruments--Trumpets
and whistles. Trumpets can be up to 1.2 m. long and are generally decorated
on the upper third of the instrument. Whistles vary a great deal from
the undecorated to those decorated with human forms. Moche, Huari, and
Inca cultures.
B. Bone
Worked bone--Most
interesting are Chavin pieces with incised decorations. The bones are
generally the long bones of mammals. They vary from 10 cm.-25 cm. in length.
Balance weights--Flat
rectangles of bone about 10 cm. in length. Chincha culture.
Musical instruments--Quenas
(flutes) and antaras (panpipes) in various shapes. Paracas, Chincha, and
Ancon cultures.
C. Gourds
Vessels--Bowls,
pots, and holders for lime (for coca chewing). Most interesting are those
which are carved or pyroengraved. Produced from the Preceramic onward.
Musical instruments--Ocarinas,
small flutes, and whistles. Inca examples may have incised decoration,
or decoration with cords and feathers.
D. Cane
Musical instruments--Flutes
(especially in Chancay culture), panpipes, and whistles. Flutes are often
pyroengraved. Panpipes can have one or two tiers of pipes, which may be
lashed together with colored thread. Nazca culture.
E. Straw
Weaving baskets--Basketry
over a cane armature, in the shape of a lidded box. Sometimes the basketry
is made of several colors of fiber to work out geometric designs. Some
still hold their original contents: needles, spindle whorls, spindles,
balls of thread, loose thread, etc. Chancay culture.
F. Shell
Musical instruments--Marine
shells (Strombus galeatus, Malea ringens, etc.), some, especially those
from the Formative Period, with incised decoration.
Jewelry--Small beads
and charms worked of shell, chiefly Spondylus princeps, used mainly in
necklaces and pectorals. Moche, Chimu, and Inca cultures.
VI.
Pre-Columbian Human Remains
The human remains included
in this listing demonstrate modifications of the remains due to ritualistic
practices or other intentional treatment of the deceased.
A. Mummies
Peruvian mummies were
formed by natural mummification due to the conditions of burial; they
have generally not been eviscerated. Usually found in flexed position,
with extremities tied together, resulting in a fetal position. In many
cases the cords used to tie the body in this position are preserved.
B. Deformed Skulls
Many ancient Peruvian
cultures practiced cranial deformation. Such skulls are easily recognized
by their unnatural shapes.
C. Skulls Displaying
Trepanation
Trepanation is an operation
performed on a skull; the resulting cuts, easily visible on a bare skull,
take various forms. Cuts may be less easily distinguished if skin and
hair are present:
Principal Techniques
a. Straight cuts: these
cuts are pointed at the ends and wider in the center. Openings made this
way have a polygonal shape.
b. Cylindrical-conical
openings: the openings form a discontinuous line. The resulting opening
has a serrated edge.
c. Circular: generally made
by a file. The resulting hole is round or elliptical, with beveled or
straight edges. This is the most common form of trepanation.
D. Pre-Columbian Trophy
Heads
Trophy heads can be
identified by the hole made in the forehead to accommodate a carrying
cord. When the skin is intact, the eyes and the mouth are held shut with
cactus thorns. Finally, the occiput is missing since that is how the brain
was removed when the trophy head was prepared.
E. Shrunken Trophy Heads
From the Amazon
These heads have had
the bones removed and then have been cured to shrink them. They are recognizable
because they conserve all the traits of the original skin, including hair
and hair follicles. The mouth is sewn shut and generally there are carrying
cords attached. There may be an obvious seam to repair the cuts made when
the skin was removed from the skull. Finally, the skin is thick (up to
2.5 mm.) and has a dark color. Trophy heads vary between 9.5 cm. and 15.5
cm. in height.
F. Tattoos
Tattooing in pre-Columbian
Peru was practiced mainly on the wrists. Most common are geometric designs,
including bands of triangles and rhomboids of a bluish color.
G. False Shrunken Heads
False shrunken heads
can be recognized because they are made of the skin of a mammal, with
some of the fur left where the human hair would be. The skin is first
smoked, then pressed into a mold to give it a face-like shape. The eyes,
nose, mouth and ears are simple bumps without real holes. Further, the
skin is very thin and yellowish in color. Often the "heads" have eyebrows
and moustaches formed by leaving some of the animal hair, but these features
are grotesque because they appear to grow upside down.
VII.
Ethnological Objects
A. Objects directly
related to the pre-Columbian past, whose pre- Columbian design and function
are maintained with some Colonial modifications or additions in technique
and/or iconography.
Colonial Indigenous
Textiles
Predominant materials:
cotton and wool.
Description: These textiles
are characterized by the cut of the cloth, with the four borders or selvages
finished on the same loom. Clothes are untailored and made from smaller
pieces of convenient sizes which were then sewn together. Colonial indigenous
textiles of the period are differentiated from pre-Columbian textiles
primarily by their decoration: western motifs such as lions, heraldic
emblems, and Spanish personages are incorporated into the designs; sometimes
fibers distinct from cotton or wool (threads of silver, gold, and silk)
are woven into the cloth; and the colors tend to be more vivid because
the fabrics were made more recently. Another important characteristic
of the clothing is the presence of tocapus or horizontal bands of small
squares with anthropomorphic, zoomorphic, phytomorphic and geometric ideographs
and designs. Characteristic textiles include:
Panels: Rectangular
or square pieces of various sizes.
Anacus: Untailored
woman's dress consisting of two or three long horizontal pieces of cloth
sewn together that was wound around the body and held in place with
"tupus" (pins).
Unku/Tunic:
Man's shirt with an opening for the head. Sometimes has sleeves.
Lliclla/Shoulder
Mantle: Rectangular piece of cloth that women put over their shoulders
and held in place by a tupu; standard size: 40'' x 45''. Generally has
a tripartite design based on contrasting panels that alternate bands
with decoration and bands with solid colors.
Chumpi/Belt: A woven
belt, generally using tapestry technique.
Tupus
Material: Silver, gilded
silver, copper, bronze. May have inlays of precious or semi-precious stones.
Description: Tupus were used
to hold in place llicllas and ancus. They are pins with a round or elliptical
head, with piercing, repousse, and incised decorations. The difference
between pre-Columbian and ethnological tupus can be seen in the introduction
of Western designs, for example bi-frontal eagles and heraldic motifs.
Keros
Material: wood.
Description: The most common
form is a beakerlike cup with truncated base. After the Conquest, keros
started to be decorated with pictorial scenes. The most frequently used
techniques include incision, inlaying pigments in wood, and painting.
Ideography includes geometric designs, figures under a rainbow (an Inca
symbol), ceremonial rituals, scenes of war, and agricultural scenes. Sometimes
are in the form of human or zoomorphic heads.
Cochas or Cocchas
Material: ceramic.
Description: Ceremonial vessels
with two or more concentric interior compartments which are linked. Often
decorated with volutes representing reptiles.
Aribalos
Material: ceramic.
Description: The post-Conquest
aribalos have a flat base, often using a glaze for finishing, and the
decoration includes Inca and Hispanic motifs.
Pacchas
Material: Stone, ceramic.
Description: One of the characteristics
of pacchas is that they have a drain which is used to sprinkle an offering
on the ground. They have pictorial or sculpted relief decorations symbolizing
the benefits hoped for from the ritual.
B. Objects that were used
for religious evangelism among indigenous peoples.
In Colonial paintings
and sculptures Western religious themes were reinterpreted by indigenous
and mestizo artists who added their own images and other characteristics
to create a distinct iconography.
Specific types of objects
used for religious evangelism during the Colonial period include the following:
Sculpture
Types of statues include:
A three-dimensional
sculpted image: In the Peruvian Colonial period these were made of
maguey (a soft wood) and occasionally of cedar or walnut.
Images made of a dough
composed of sawdust, glue and plaster: After they are sculpted, figures
are dressed with cloth dipped in plaster.
Images to be dressed:
These are wooden frames resembling
mannequins, with only the
head and arms sculpted in wood (cedar or maguey). The images are dressed
with embroidered clothes and jewelry. Frequently other elements were added,
such as teeth and false eyelashes, wigs of real hair, eyes of colored
glass, and palates made of glass.
Paintings
Catholic priests provided
indigenous and mestizo artists with canvases and reproductions of Western
works of art, which the artists then "interpreted" with their own images
and other indigenous characteristics. These may include symbolically associating
Christian religious figures with indigenous divinities, or rendering the
figures with Andean facial characteristics or in traditional Andean costume.
In addition, each church, convent, monastery, and town venerated an effigy
of its patron or tutelar saint, some of them native to Peru.
Retables
Retables (retablos)
are architectonic structures made of stone, wood, or other material that
are placed behind the altar and include attached paintings, sculptures
or other religious objects.
Liturgical Objects
Objects Used for Mass
Ritual: Chalices, cibaries, candelabras, vials for christening or
consecrated oil, reliquaries, vessels for wine and water, incense burners,
patens, monstrances, pelicans and crucifixes. Made out of silver, gold
or gilded silver, often inlaid with pearls or precious stones. Techniques:
casting, engraving, piercing, repousse, filigree.
Fixtures for sculpted
images: Areoles, crowns, scepters, halo, halos in the form of rays,
and books carried by religious scholars and founders of religious orders.
Ecclesiastical vestments:
Some ecclesiastical vestments were commissioned by indigenous individuals
or communities for the celebrations of their patron saint and thus are
part of the religious legacy of a particular town. In such cases, the
vestment has the name of the donor and of the town or church as well as
the date.
Votive Offerings: These
are representations of miracles or favors received from a particular saint.
They can be made of different materials, usually metal or wood, and come
in a variety of forms according to the type of favor received, usually
representing parts of the human body in reference to the organ healed
or agricultural products in recognition of a good harvest or increase
in a herd.
Inapplicability of Notice
and Delayed Effective Date
Because the amendment
to the Customs Regulations contained in this document imposing import
restrictions on the above-listed Peruvian cultural property is being made
in response to a bilateral agreement entered into in furtherance of the
foreign affairs interests of the United States, pursuant to section 553(a)(1)
of the Administrative Procedure Act, no notice of proposed rulemaking
or public procedure is necessary. For the same reason, 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 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--[AMENDED]
1. The general authority
and specific authority citation for Part 12, in part, continue to read
as follows:
Authority: 5
U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 20, Harmonized Tariff Schedule
of the United States (HTSUS)), 1624;
********************************
Sections 12.104 through
12.104i also issued under 19 U.S.C. 2612;
********************************
Sec. 12.104g [Amended]
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 "Peru" in appropriate alphabetical order under the column headed
"State party", the description "Archaeological artifacts and ethnological
material from Peru" under the column headed "Cultural property", and the
reference "T.D. 97-- 50" under the column headed "T.D. No."
3. In Sec. 12.104g,
paragraph (b), the list of emergency actions imposing import restrictions
on described articles of cultural property of State Parties is amended
by removing the entry for "Peru" in its entirety.
George J. Weise,
Commissioner of Customs.
Approved: June 5, 1997.
John P. Simpson,
Deputy Assistant Secretary
of the Treasury.
[FR Doc. 97-15428 Filed
6-10-97; 8:45 am]
BILLING CODE 4820-02-P
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