[Federal Register Volume 59, Number 142 (Tuesday, July 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18055]
[[Page Unknown]]
[Federal Register: July 26, 1994]
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DEPARTMENT OF THE TREASURY
Tax on Certain Imported Substances (Phosphorous Trichloride, et
al.); Filing of Petitions
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice.
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SUMMARY: This notice announces the acceptance, under Notice 89-61,
1989-1 C.B. 717, of petitions requesting that phosphorous trichloride
and phosphorous pentasulfide be added to the list of taxable substances
in section 4672(a)(3). Publication of this notice is in compliance with
Notice 89-61. This is not a determination that the list of taxable
substances should be modified.
DATES: Submissions must be received by September 26, 1994. Any
modification of the list of taxable substances based upon these
petitions would be effective January 1, 1995.
ADDRESSES: Send submissions to: CC:DOM:CORP:T:R (Petition), room 5228,
Internal Revenue Service, POB 7604, Ben Franklin Station, Washington,
DC 20044. In the alternative, submissions may be hand delivered between
the hours of 8 a.m. and 5 p.m. to: CC:DOM:CORP:T:R (Petition),
Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue NW.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Tyrone J. Montague, Office of
Assistant Chief Counsel (Passthroughs and Special Industries), (202)
622-3130 (not a toll-free number).
SUPPLEMENTARY INFORMATION: The petitions were received on March 23,
1994. The petitioner is Monsanto Company, a manufacturer and exporter
of these substances. The following is a summary of the information
contained in the petitions. The complete petitions are available in the
Internal Revenue Service Freedom of Information Reading Room.
Phosphorous Trichloride
HTS number 2812.10.50.10
CAS number 7719-12-2
This substance is derived from the taxable chemicals phosphorous
and chlorine. Phosphorous trichloride is a liquid produced
predominantly by the direct union of phosphorous and chlorine.
The stoichiometric material consumption formula for this substance
is:
P4 (phosphorous) + 6 Cl2 (chlorine) ----> 4 PCl3
(phosphorous trichloride)
According to the petition, taxable chemicals constitute 100 percent
by weight of the materials used to produce this substance. The rate of
tax for this substance would be $3.10 per ton. This is based upon a
conversion factor for phosphorous of 0.23 and a conversion factor for
chlorine of 0.77.
Phosphorous Pentasulfide
HTS number 2813.90.20.00
CAS number 1314-80-3
This substance is derived from the taxable chemical phosphorous.
Phosphorous pentasulfide is a solid produced predominantly by mixing
molten phosphorous with molten sulfur.
The stoichiometric material consumption formula for this substance
is:
P4 (phosphorous) + 10 S (sulfur) ----> 2 P2S5
(phosphorous pentasulfide)
According to the petition, taxable chemicals constitute 94.6
percent by value of the materials used in its production. The stated
cost for phosphorous is $0.91 per pound and the stated cost for sulfur
is $0.02 per pound. The rate of tax for this substance would be $1.24
per ton. This is based upon a conversion factor for phosphorous of
0.28.
Comments and Requests for a Public Hearing
Before a determination is made, consideration will be given to any
written comments (a signed original and eight (8) copies) that are
submitted timely to the IRS. All comments will be available for public
inspection and copying. A public hearing may be scheduled if requested
in writing by a person that timely submits written comments. If a
public hearing is scheduled, notice of the date, time, and place for
the hearing will be published in the Federal Register.
Dale D. Goode,
Federal Register Liaison Officer, Assistant Chief Counsel (Corporate).
[FR Doc. 94-18055 Filed 7-25-94; 8:45 am]
BILLING CODE 4830-01-U
