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U.S. Code as of:
01/19/04
Section 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 Cyclohexane
fillers
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.
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(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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