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Sec. 4672 Definitions and special rules

  • Internal Revenue Code of 1986
  • SUBTITLE D -- MISCELLANEOUS EXCISE TAXES
  • Chapter 38 -- Environmental Taxes
  • Subchapter C -- Tax on Certain Imported Substances

(a) Taxable substance. For purposes of this subchapter--

(1) In general. The term "taxable substance" means any substance which, at the time of sale or use by the importer, is listed as a taxable substance by the Secretary for purposes of this subchapter.

(2) Determination of substances on list. A substance shall be listed under paragraph (1) if--

(A) the substance is contained in the list under paragraph (3), or

(B) the Secretary determines, in consultation with the Administrator of the Environmental Protection Agency and the Commissioner of Customs, that taxable chemicals constitute more than 20 percent of the weight (or more than 20 percent of the value) of the materials used to produce such substance (determined on the basis of the predominant method of production).

If an importer or exporter of any substance requests that the Secretary determine whether such substance be listed as a taxable substance under paragraph (1) or be removed from such listing, the Secretary shall make such determination within 180 days after the date the request was filed.

(3) Initial list of taxable substances.

Cumene

Methylene chloride

Styrene

Polypropylene

Ammonium nitrate

Propylene glycol

Nickel oxide

Formaldehyde

Isopropyl alcohol

Acetone

Ethylene glycol

Acrylonitrile

Vinyl chloride

Methanol

Polyethylene resins, total

Propylene oxide

Polybutadiene

Polypropylene resins

Styrene-butadiene, latex

Ethylene oxide

Styrene-butadiene, snpf

Ethylene dichloride

Synthetic rubber,

not containing fillers

Cyclohexane

Urea

Isophthalic acid

Ferronickel

Maleic anhydride

Ferrochromium nov 3 pct

Phthalic anhydride

Ferrochrome ov 3 pct. carbon

Ethyl methyl ketone

Unwrought nickel

Chloroform

Nickel waste and scrap

Carbon tetrachloride

Wrought nickel rods and wire

Chromic acid

Nickel powders

Hydrogen peroxide

Phenolic resins

Polystyrene homopolymer resins

Polyvinylchloride resins

Melamine

Polystyrene resins and

copolymers

Acrylic and methacrylic acid

resins

Ethyl alcohol for

nonbeverage use

Vinyl resins

Ethylbenzene

Vinyl resins, NSPF.

(4) Modifications to list. The Secretary shall add to the list under paragraph (3) substances which meet either the weight or value tests of paragraph (2)(B) and may remove from such list only substances which meet neither of such tests.

(b) Other definitions. For purposes of this subchapter--

(1) Importer. The term "importer" means the person entering the taxable substance for consumption, use, or warehousing.

(2) Taxable chemicals; United States. The terms "taxable chemical" and "United States" have the respective meanings given such terms by section 4662(a).

(c) Disposition of revenues from Puerto Rico and the Virgin Islands. The provisions of subsections (a)(3) and (b)(3) of section 7652 shall not apply to any tax imposed by section 4671.

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