For purposes of this subchapter—
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.
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 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.
| 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. |
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.
For purposes of this subchapter—
The term "importer" means the person entering the taxable substance for consumption, use, or warehousing.
The terms "taxable chemical" and "United States" have the respective meanings given such terms by section 4662(a).
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; amended Pub. L. 100–647, title II, §2001(b), Nov. 10, 1988, 102 Stat. 3594.)
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Last modified: October 26, 2015