[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]


-----------------------------------------------------------------------


DEPARTMENT OF THE TREASURY
 

Tax on Certain Imported Substances (Phosphorous Trichloride, et 
al.); Filing of Petitions

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice.

-----------------------------------------------------------------------

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