[Federal Register Volume 90, Number 63 (Thursday, April 3, 2025)]
[Notices]
[Pages 14688-14689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05620]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
Superfund Tax on Chemical Substances; Request To Modify List of
Taxable Substances; Notice of Filing for Ethylene Vinyl Acetate (VA <
50%) (n=78.95, m=21.05)
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of filing and request for comments.
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SUMMARY: This notice of filing announces that a petition has been filed
requesting that ethylene vinyl acetate (VA < 50%)
((C2H4)n-
(C4H6O2)m; n=78.95,
m=21.05) be added to the list of taxable substances. This notice of
filing also requests comments on the petition. This notice of filing is
not a determination that the list of taxable substances is modified.
DATES: Written comments and requests for a public hearing must be
received on or before June 2, 2025.
ADDRESSES: Commenters are encouraged to submit public comments or
requests for a public hearing relating to this petition electronically
via the Federal eRulemaking Portal at http://www.regulations.gov
(indicate public docket number IRS-2025-0035 or ethylene vinyl acetate
(VA < 50%) ((C2H4)n-
(C4H6O2)m; n=78.95,
m=21.05)) by following the online instructions for submitting comments.
Comments cannot be edited or withdrawn once submitted to the Federal
eRulemaking Portal. Alternatively, comments and requests for a public
hearing may be mailed to: Internal Revenue Service, Attn: CC:PA:01:PR
(Notice of Filing for Ethylene Vinyl Acetate (VA < 50%)
((C2H4)n-
(C4H6O2)m; n=78.95,
m=21.05)), Room 5203, P.O. Box 7604, Ben Franklin Station, Washington,
DC 20044. All comments received are part of the public record and
subject to public disclosure. All comments received will be posted
without change to www.regulations.gov, including any personal
information provided. You should submit only information that you wish
to make publicly available. If a public hearing is scheduled, notice of
the time and place for the hearing will be published in the Federal
Register.
FOR FURTHER INFORMATION CONTACT: Camille Edwards Bennehoff at (202)
317-6855 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Request To Add Substance to the List
(a) Overview. A petition was filed pursuant to Rev. Proc. 2022-26
(2022-29 I.R.B. 90), as modified by Rev. Proc. 2023-20 (2023-15 I.R.B.
636), requesting that ethylene vinyl acetate (VA < 50%)
((C2H4)n-
(C4H6O2)m; n=78.95,
m=21.05) be added to the list of taxable substances under section
4672(a) of the Internal Revenue Code (List). The petition requesting
the addition of ethylene vinyl acetate (VA < 50%)
((C2H4)n-
(C4H6O2)m; n=78.95,
m=21.05) to the List is based on weight and contains the information
detailed in paragraph (b) of this document. The information is provided
for public notice and comment pursuant to section 9 of Rev. Proc. 2022-
26. The publication of petition information in this notice of filing is
not a determination and does not constitute Treasury Department or IRS
confirmation of the accuracy of the information published.
(b) Petition Content.
(1) Substance name: Ethylene vinyl acetate (VA < 50%)
((C2H4)n-
(C4H6O2)m; n=78.95,
m=21.05).
(2) Petitioners: Arlanxeo USA LLC and Arlanxeo Canada Inc.,
importers and exporters of ethylene vinyl acetate (VA < 50%)
((C2H4)n-
(C4H6O2)m; n=78.95,
m=21.05).
(3) Proposed classification numbers:
(i) HTSUS number: 3901.30.6000.
(ii) Schedule B number: 3901.30.6000.
(iii) CAS number: 24937-78-8.
(4) Petition filing dates:
(i) Petition filing date for purposes of making a determination:
February 7, 2025.
(ii) Petition filing date for purposes of section 11.02 of Rev.
Proc. 2022-26, as
[[Page 14689]]
modified by section 3 of Rev. Proc. 2023-20: July 1, 2022.
(5) Description from petition: Ethylene vinyl acetate (VA < 50%)
((C2H4)n-
(C4H6O2)m; n=78.95,
m=21.05), also known as ethylene vinyl acetate (VA < 50%), is the
copolymer of ethylene and vinyl acetate. It is an elastomeric
polymer that produces materials which are ``rubber-like'' in
softness and flexibility. Ethylene vinyl acetate (VA < 50%) has good
clarity and gloss, low-temperature toughness, stress-crack
resistance, hotmelt adhesive waterproof properties, and resistance
to UV radiation. It is used in footwear components, flexible hoses,
automobile bumpers, toys, athletic goods, molded automotive parts,
flexible packaging, and films.
Ethylene vinyl acetate (VA < 50%) is made from ethylene and
methane. Taxable chemicals constitute 66.23 percent by weight of the
materials used to produce this substance.
(6) Process identified in petition as predominant method of
production of substance: The predominant method of producing
ethylene vinyl acetate (VA. > 50%) is through a solution
polymerization employing the monomers of ethylene and vinyl acetate
in tert-butanol as solvent and a radical polymerization initiator.
(7) Stoichiometric material consumption equation, based on
process identified as predominant method of production:
n C2H4 (ethylene) + m
[C2H4 (ethylene) + \1/2\ CH4
(methane) + 2 CO + \1/2\ O2] [rarr]
(C2H4)n(C4H6O2
)m (ethylene vinyl acetate (VA < 50%)) + 1/2m
CO2
(8) Tax rate calculated by Petitioner, based on Petitioner's
conversion factors for taxable chemicals used in production of
substance:
(i) Tax rate: $7.09 per ton.
(ii) Conversion factors: 0.70 for ethylene, 0.04 for methane.
(9) Public docket number: IRS-2025-0035.
Michael Beker,
Senior Counsel (Energy, Credits, and Excise Tax), IRS Office of Chief
Counsel.
[FR Doc. 2025-05620 Filed 4-2-25; 8:45 am]
BILLING CODE 4830-01-P