(1)any ozone-depleting chemical sold or used by the manufacturer, producer, or importer thereof, and
(2)any imported taxable product sold or used by the importer thereof.
(b) Amount of tax
(1) Ozone-depleting chemicals
(A) In general
The amount of the tax imposed by subsection (a) on each pound of ozone-depleting chemical shall be an amount equal to—
(i)the base tax amount, multiplied by
(ii)the ozone-depletion factor for such chemical.
(B) Base tax amount
The base tax amount for purposes of subparagraph (A) with respect to any sale or use during any calendar year after 1995 shall be $5.35 increased by 45 cents for each year after 1995.
(2) Imported taxable product
(A) In general
The amount of the tax imposed by subsection (a) on any imported taxable product shall be the amount of tax which would have been imposed by subsection (a) on the ozone-depleting chemicals used as materials in the manufacture or production of such product if such ozone-depleting chemicals had been sold in the United States on the date of the sale of such imported taxable product.
(B) Certain rules to apply
Rules similar to the rules of paragraphs (2) and (3) of section
4671(b) shall apply.
A prior section
4681, added Pub. L. 96–510, title II, § 231(a),Dec. 11, 1980, 94 Stat. 2804, was contained in subchapter C of this chapter prior to repeal by Pub. L. 99–499, title V, § 514(a)(1), (c),Oct. 17, 1986, 100 Stat. 1767, effective Oct. 1, 1983, with provision for waiver of statute of limitations on claims for overpayment.
1997—Subsec. (b)(1)(B). Pub. L. 105–34added subpar. (B) and struck out heading and text of former subpar. (B). Text read as follows: “The base tax amount for purposes of subparagraph (A) with respect to any sale or use during a calendar year before 1996 with respect to any ozone-depleting chemical is the amount determined under the following table for such calendar year:
Subsec. (b)(1)(C). Pub. L. 105–34struck out heading and text of subpar. (C). Text read as follows: “The base tax amount for purposes of subparagraph (A) with respect to any sale or use of an ozone-depleting chemical during a calendar year after the last year specified in the table under subparagraph (B) applicable to such chemical shall be the base tax amount for such last year increased by 45 cents for each year after such last year.”
1992—Subsec. (b)(1)(B). Pub. L. 102–486amended subpar. (B) generally, substituting present provisions for former provisions which provided for base tax amounts in cl. (i) of initially listed chemicals for 1990 to 1994 and in cl. (ii) of newly listed chemicals for 1991 to 1995.
1990—Subsec. (b)(1)(B). Pub. L. 101–508amended subpar. (B) generally, designating existing provision as cl. (i), inserting “with respect to any ozone-depleting chemical other than a newly listed chemical (as defined in section
4682(d)(3)(C))”, and adding cl. (ii).
Subsec. (b)(1)(C). Pub. L. 101–508amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “The base tax amount for purposes of subparagraph (A) with respect to any sale or use during a calendar year after 1994 shall be the base tax amount for 1994 increased by 45 cents for each year after 1994.”
Effective Date of 1992 Amendment
Pub. L. 102–486, title XIX, § 1931(d),Oct. 24, 1992, 106 Stat. 3029, provided that: “The amendments made by this section [amending this section and section
4682 of this title] shall apply to taxable chemicals sold or used on or after January 1, 1993.”
Effective Date of 1990 Amendment
Pub. L. 101–508, title XI, § 11203(e),Nov. 5, 1990, 104 Stat. 1388–423, provided that: “The amendments made by this section [amending this section and section
4682 of this title] shall take effect on January 1, 1991.”
“(1) In general.—The amendments made by this section [enacting this subchapter] shall take effect on January 1, 1990.
“(2) No deposits required before april 1, 1990.—No deposit of any tax imposed by subchapter D of chapter 38 of the Internal Revenue Code of 1986, as added by this section, shall be required to be made before April 1, 1990.
“(3) Notification of changes in international agreements.—The Secretary of the Treasury or his delegate shall notify the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate of changes in the Montreal Protocol and of other international agreements to which the United States is a signatory relating to ozone-depleting chemicals.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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