
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC4672]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                 Subtitle D--Miscellaneous Excise Taxes
 
                     CHAPTER 38--ENVIRONMENTAL TAXES
 
            Subchapter C--Tax on Certain Imported Substances
 
Sec. 4672. Definitions and special rules


(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 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.

               (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.

(Added Pub. L. 99-499, title V, Sec. 515(a), Oct. 17, 1986, 100 Stat. 
1768; amended Pub. L. 100-647, title II, Sec. 2001(b), Nov. 10, 1988, 
102 Stat. 3594.)


                               Amendments

    1988--Subsec. (a)(2). Pub. L. 100-647, Sec. 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, Sec. 2001(b)(1), inserted ``(or 
more than 50 percent of the value)'' after ``weight''.
    Subsec. (a)(4). Pub. L. 100-647, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in section 4662 of this title.
