Federal Register Notice, April 22, 1997; 62(77):19488-19492 (Expired)

Archaeological and Ethnological Material From Canada

Archaeological and Ethnological Material From Canada

AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Final rule.

Archaeological Artifacts

Below is a representational list, subject to amendment, of archaeological artifacts recovered from the soil of Canada, the territorial sea of Canada or the inland or other internal waters of Canada.

The Government of Canada, in accordance with Canadian law, will not restrict the export of archaeological artifacts recovered less than 75 years after their loss, concealment or abandonment. United States import restrictions, however, only will apply to archaeological material that is at least 250 years old.

Archaeological artifacts from the following Aboriginal cultural groups are included in this list: Inuit (Eskimo); Northwest Coast Indian; Plateau Indian; Woodlands Indian. Also included in this list is underwater archaeological material from historic shipwrecks and other underwater historic sites.

Archaeological artifacts from the following Aboriginal cultural groups are excluded from this list: Subarctic Indian, Plains Indian.

I. Aboriginal Archaeological Artifacts

1. Animal and Bird Skins (Hide), Fur and Feathers:
• Quivers (arrow cases);
• Kayaks, canoes and other boats made of skin or hide;
• Clothing, ornaments and other accessories;
• Bags, pouches; and
• Drums.
2. Wood, Bark, Roots, Seeds:
• Snowshoes;
• Knives sheathes;
• Canoes and paddles (wood);
• Containers (wood baskets, pouches, boxes, chests);
• Domestic utensils (wood bowls, spoons, woodworking tools);
• Carved models, toys and games;
• Musical Instruments (wood drums, flutes, whistles, rattles); and
• Ceremonial objects (wood pipes, masks, rattles, bowls).
3. Bone, Tooth, Shell, Horn, Ivory, Antler:
• Carved hunting and fishing equipment;
• Weapons and tools (clubs, needles, shuttles);
• Carved figurines (representations of people, fish, animals);
• Ornaments and other accessories (combs, beads and pendants, snow goggles and visors);
• Masks and other ceremonial objects;
• Miniatures and game pieces (including cribbage boards);
• Pipes; and
• Whistles.
4. Stone, Argillite Stone, Amber:
• Hunting and fishing equipment (including harpoon or spear heads, net weights, toggles, bola weights);
• Tools (snow knives and ulus--see description in Ethnological Material);
• Plates, platters, bowls; Lamps (bowl or trough-shaped);
• Boxes;
• Ornaments and other accessories;
• Masks;
• Pipes; and
• Carved figurines.
5. Porcupine Quills (items made from, or decorated with):
• Drinking Tubes;
• Ornamentation for clothing, usually coloured; Pouches, bags; and
• Ceremonial objects.
6. Textiles (wool, cotton, linen, canvas):
• Garments (see description under Ethnological Material);
• Blankets, often decorated with buttons, quill work, beads, shells;
• Pouches, bags; and
• Wrappings for ceremonial objects.
7. Metals (copper, iron, steel, gold, silver, bronze):
• Weapons and shields;
• Hunting and fishing equipment, including fishing lures;
• Tools (including snow knives and ulus--see description under Ethnological Material);
• Clothing and hair ornaments;
• Ceremonial objects, especially coppers (see description under Ethnological Material);
8. Clay:
• Figurines (people, fish, animals);
• Pipes; and
• Pottery vessels and containers such as bowls or jars.
9. Beads (glass, clay, shell, bone, brass) (items decorated with).
10. Hair (ornamentation of human or animal hair used on clothing and other sewn objects).

1. General Ship's Parts (wood and metal):
• Anchor;
• Wheel;
• Mast;
• Riggings (block and pulley; deadeye; lanyard);
• Bell;
• Hull and fittings (rudder, keel, keelson, futtock, fasteners, iron supports);
• Figurehead and other carved vessel decoration;
• Windlass and capstan (winches);
• Wood of the ship;
• Furniture;
• Porthole;
• Ballast (pig iron) (metal weight carried to stabilize ship);
• Pump assembly (plunger, working barrel, piston);
• Riggings (cables); and
• Heating, lighting and plumbing fixtures.
2. Navigational instruments:
• Compass;
• Astrolabe or sextant (instruments for calculation of navigation by stars);
• Telescope;
• Nocturnal;
• Sounding leads;
• Cross staff or back staff;
• Dividers;
• Lanterns; and
• Binnacle (the case enclosing a ship's compass).
3. Armaments:
• Cannon, carronade (type of short, light cannon), mortars; Cannon shot (balls, chair and bar);
• Arms (guns, knives, pikes, cutlasses, scabbards, swords); Gun carriage components;
• Musket shot (metal balls); and
• Bandoliers (cartridge straps).
4. Tools and wares:
• Carpenter's tools;
• Sail making tools;
• Rope making tools;
• Medicinal wares;
• Galley ware (cooking cauldron, crockery, glassware, beverage bottles, cutlery, treen, stoves);
• Caulker tools;
• Surgeon tools;
• Chaplain tools;
• Fishing supplies (lead sinkers, hooks, barrels, try works);
• Cooper's tools; and
• Blacksmith's tools.
5. Ship's Cargo:
• Raw metal (iron, copper, bronze, lead);
• Wood;
• Ceramics;
• Glassware (fine glass decanters);
• Trade beads;
• Containers (casks, baskets); and
• Stone (for building or ballast).
6. Personal Goods Found on Ships:
• Jewelry (gold, silver, stone);
• Coins;
• Gaming pieces (dice);
• Buckles and buttons;
• Chests;
• Combs;
• Pipes;
• Religious items;
• Timepieces;
• Bedding, clothing and other textiles; and
• Shoes.

Because this amendment is being made in response to a bilateral agreement entered into in furtherance of the foreign affairs interests of the United States, pursuant to Sec. 553(a)(1) of the Administrative Procedure Act, no notice of proposed rule making or public procedure is necessary. For the same reason, a delayed effective date is both impracticable and contrary to the public interest.

Regulatory Flexibility Act

Because no notice of proposed rule making 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: Sections 12.104--12.104i also issued under 19 U.S.C. 2612.

Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 20, Harmonized Tariff Schedule of the United States (HTSUS)), 1624.

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Sec. 12.104g [Amended]

2. In Sec. 12.104g, paragraph (a), the listing of agreements imposing import restrictions on described articles of cultural property of State Parties is amended by adding "Canada" in appropriate alphabetical order under the column headed "State Party", and adding adjacent to the listing of "Canada" the description "Archaeological Artifacts and Ethnological Material Culture of Canadian Origin" under the column headed "Cultural Property" and the reference "T.D. 97- 31" under the column headed "T.D. No."

George J. Weise,
Commissioner of Customs.
Approved: April 9, 1997.

John P. Simpson,
Deputy Assistant Secretary of the Treasury.

[FR Doc. 97-10504 Filed 4-21-97; 8:45 am]
BILLING CODE 4820-02-P

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