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Internal Revenue Code, § 4672. Definitions And Special Rules

I.R.C. § 4672(a) Taxable Substance
For purposes of this subchapter—
I.R.C. § 4672(a)(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.
I.R.C. § 4672(a)(2) Determination Of Substances On List
A substance shall be listed under paragraph (1) if—
I.R.C. § 4672(a)(2)(A)
the substance is contained in the list under paragraph (3), or
I.R.C. § 4672(a)(2)(B)
the Secretary determines, in consultation with the Administrator of the Environmental Protection Agency and the Commissioner of U.S. Customs and Border Protection, that taxable chemicals constitute more than 50 percent of the weight (or more than 50 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.
I.R.C. § 4672(a)(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                  Polystyrenehomopolymer resins
Polyvinylchloride resins         Polystyrenehomopolymer Melamine
Polystyrene resins and
 copolymers                      Acrylic and methacrylic acid
                                   resins
Ethyl alcohol for
  nonbeverage use                Vinyl resins
Ethylbenzene                     Vinyl resins, NSPF.
I.R.C. § 4672(a)(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.
I.R.C. § 4672(b) Other Definitions
For purposes of this subchapter—
I.R.C. § 4672(b)(1) Importer
The term “importer” means the person entering the taxable substance for consumption, use, or warehousing.
I.R.C. § 4672(b)(2) Taxable Chemicals; United States
The terms “taxable chemical” and “United States” have the respective meanings given such terms by section 4662(a).
I.R.C. § 4672(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.
(Added Pub. L. 99-499, title V, 515(a), Oct. 17, 1986, 100 Stat. 1768, and amended Pub. L. 100-647, title II, 2001(b), Nov. 10, 1988, 102 Stat. 3594.)
BACKGROUND NOTES
AMENDMENTS
1988--Subsec. (a)(2). Pub. L. 100-647, 2001(b)(2), inserted at end “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.”
Subsec. (a)(2)(B). Pub. L. 100-647, 2001(b)(1), inserted “(or more than 50 percent of the value)” after “weight”.
Subsec. (a)(4). Pub. L. 100-647, 2001(b)(3), amended par. (4) generally. Prior to amendment, par. (4) read as follows:
“(A) In general.--The Secretary may add substances to or remove substances from the list under paragraph (3) (including items listed by reason of paragraph (2)) as necessary to carry out the purposes of this subchapter.
“(B) Authority to add substances to list based on value.--The Secretary may, to the extent necessary to carry out the purposes of this subchapter, add any substance to the list under paragraph (3) if such substance would be described in paragraph (2)(B) if ‘value’ were substituted for ‘weight’ therein.”
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Superfund Revenue Act of 1986, Pub. L. 99-499, title V, to which it relates, see section 2001(e) of Pub. L. 100-647, set out as a note under section 56 of this title.
EFFECTIVE DATE
Section effective Jan. 1, 1989, see section 515(c) of Pub. L. 99-499, set out as a note under section 4671 of this title.