Superfund Tax on Chemical Substances; Request To Modify List of Taxable Substances; Correction to Filing of Petition for Polyphenylene Sulfide, 11941-11942 [2024-03141]
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[FR Doc. 2024–03152 Filed 2–14–24; 8:45 am]
BILLING CODE 4810–05–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Superfund Tax on Chemical
Substances; Request To Modify List of
Taxable Substances; Correction to
Filing of Petition for Polyphenylene
Sulfide
Internal Revenue Service (IRS),
Treasury.
AGENCY:
Supplemental notice of filing
and additional request for comments.
ACTION:
This supplemental notice of
filing announces a correction to the
stoichiometric material consumption
equation in the notice of filing for the
polyphenylene sulfide petition that was
published in the Federal Register on
December 30, 2022. This supplemental
notice of filing also requests comments
on the corrected petition. This
supplemental notice of filing is not a
determination that the list of taxable
substances is modified.
SUMMARY:
Written comments and requests
for a public hearing must be received on
or before April 15, 2024.
DATES:
E:\FR\FM\15FEN1.SGM
15FEN1
11942
Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Notices
Commenters are encouraged
to submit public comments or requests
for a public hearing relating to this
petition electronically via the Federal
eRulemaking Portal at https://
www.regulations.gov gov (indicate
public docket number IRS–2022–0037
or polyphenylene sulfide) 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or withdrawn once submitted to the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 (Supplemental Notice of
Filing for Polyphenylene Sulfide), 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).
ADDRESSES:
khammond on DSKJM1Z7X2PROD with NOTICES
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),
requesting that polyphenylene sulfide
be added to the list of taxable
substances under section 4672(a) of the
Internal Revenue Code (List). The notice
of filing summarizing the
polyphenylene sulfide petition and
requesting comments was published in
the Federal Register on December 30,
2022 (87 FR 80579). The Treasury
Department and the IRS received no
written comments in response to the
original notice of filing and a public
hearing was neither requested nor held.
After the comment period for the notice
of filing closed, an error was discovered
in the stoichiometric material
consumption equation for
polyphenylene sulfide, and the
Petitioner subsequently provided a
corrected petition.
This supplemental notice of filing
provides the corrected stoichiometric
material consumption equation for
polyphenylene sulfide in paragraph (b)
of this document. The stoichiometric
material consumption equation is
corrected to read as follows:
on [2 NaOH + C6H6 + 2 Cl2 + H2S] →
[C6H4S]n + 2n H2O + 2n NaCl + 2n
HCl
VerDate Sep<11>2014
18:36 Feb 14, 2024
Jkt 262001
The other petition information
provided in paragraph (b) of this
document is unchanged from the
original notice of filing for
polyphenylene sulfide. Although the
only change from the original notice of
filing is to the stoichiometric material
consumption equation, this document
also includes all of the other
information presented on the corrected
petition to avoid confusion and is
provided for public notice and comment
pursuant to section 9 of Rev. Proc.
2022–26.
The petition requesting the addition
of polyphenylene sulfide to the List is
based on weight and—as noted
previously—contains the information
detailed in paragraph (b) of this
document. The publication of petition
information in this supplemental notice
of filing is not a determination and does
not constitute Treasury Department or
IRS confirmation of the accuracy of the
information published.
Pursuant to section 10.02 of Rev. Proc.
2022–26, the IRS and Petitioner agreed
to extend the 180-day determination
period.
(b) Petition Content.
(1) Substance name: Polyphenylene
sulfide.
According to the petition, these are
the commonly used substance names for
polyphenylene sulfide:
Polyphenylene sulfide
PPS
Poly(p-phenylenesulfide)
Benzene, 1,4-dichloro-, polymer with
sodium sulfide.
(2) Petitioner: Celanese Ltd., an
exporter of polyphenylene sulfide.
(3) Proposed classification numbers:
(i) HTSUS number: 3911.90.2500.
(ii) Schedule B number: 3911.90.6100.
(iii) CAS numbers: 25212–74–2,
26125–40–6
(4) Petition filing dates:
(i) Petition filing date for purposes of
making a determination: December 20,
2022.
(ii) Petition filing date for purposes of
section 11.02 of Rev. Proc. 2022–26: July
1, 2022.
(5) Description from petition:
According to the petition,
polyphenylene sulfide is a highperformance thermoplastic, has high
heat and chemical resistance, and is
used in applications such as filters,
appliance, machine and automobile
parts, replacing steel in some cases.
In the final step of the production
process, polyphenylene sulfide is
manufactured by the polymerization of
1,4-dichlorobenzene (p-DCB), a taxable
substance, with sodium hydrosulfide
and sodium hydroxide. Sodium
PO 00000
Frm 00134
Fmt 4703
Sfmt 4703
hydrosulfide is made from sodium
hydroxide and hydrogen sulfide.
Taxable chemicals constitute 90.0
percent by weight of the materials used
to produce this substance.
(6) Process identified in petition as
predominant method of production of
substance:
Three separate reactions:
(A) 1,4 dichlorobenzene is made from
the reaction of benzene with 2
equivalents of chlorine.
(B) Sodium hydrogen sulfide is made
from the reaction of hydrogen sulfide
with sodium hydroxide.
(C) 1,4-dichlorobenzene (pdichlorobenzene, p-DCB), sodium
hydrosulfide (NaSH), and sodium
hydroxide (NaOH) are reacted at high
temperature and high pressure to form
polyphenylene sulfide and byproduct
sodium chloride.
(7) Stoichiometric material
consumption equation, based on
process identified as predominant
method of production:
n [2 NaOH + C6H6 + 2 Cl2 + H2S] →
[C6H4S]n + 2n H2O + 2n NaCl + 2n
HCl
(8) Tax rate calculated by Petitioner,
based on Petitioner’s conversion factors
for taxable chemicals used in
production of substance:
(i) Tax rate: $14.50 per ton.
(ii) Conversion factors: 0.74 for
sodium hydroxide, 0.72 for benzene,
1.31 for chlorine.
(9) Public docket number: IRS–2022–
0037.
Michael Beker,
Senior Counsel (Passthroughs and Special
Industries),IRS Office of Chief Counsel.
[FR Doc. 2024–03141 Filed 2–14–24; 8:45 am]
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SUMMARY:
E:\FR\FM\15FEN1.SGM
15FEN1
Agencies
[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Notices]
[Pages 11941-11942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03141]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Superfund Tax on Chemical Substances; Request To Modify List of
Taxable Substances; Correction to Filing of Petition for Polyphenylene
Sulfide
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Supplemental notice of filing and additional request for
comments.
-----------------------------------------------------------------------
SUMMARY: This supplemental notice of filing announces a correction to
the stoichiometric material consumption equation in the notice of
filing for the polyphenylene sulfide petition that was published in the
Federal Register on December 30, 2022. This supplemental notice of
filing also requests comments on the corrected petition. This
supplemental 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 April 15, 2024.
[[Page 11942]]
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 https://www.regulations.gov gov
(indicate public docket number IRS-2022-0037 or polyphenylene sulfide)
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 (Supplemental
Notice of Filing for Polyphenylene Sulfide), 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).
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), requesting that polyphenylene sulfide be added to the list of
taxable substances under section 4672(a) of the Internal Revenue Code
(List). The notice of filing summarizing the polyphenylene sulfide
petition and requesting comments was published in the Federal Register
on December 30, 2022 (87 FR 80579). The Treasury Department and the IRS
received no written comments in response to the original notice of
filing and a public hearing was neither requested nor held. After the
comment period for the notice of filing closed, an error was discovered
in the stoichiometric material consumption equation for polyphenylene
sulfide, and the Petitioner subsequently provided a corrected petition.
This supplemental notice of filing provides the corrected
stoichiometric material consumption equation for polyphenylene sulfide
in paragraph (b) of this document. The stoichiometric material
consumption equation is corrected to read as follows:
on [2 NaOH + C6H6 + 2 Cl2 +
H2S] [rarr] [C6H4S]n + 2n
H2O + 2n NaCl + 2n HCl
The other petition information provided in paragraph (b) of this
document is unchanged from the original notice of filing for
polyphenylene sulfide. Although the only change from the original
notice of filing is to the stoichiometric material consumption
equation, this document also includes all of the other information
presented on the corrected petition to avoid confusion and is provided
for public notice and comment pursuant to section 9 of Rev. Proc. 2022-
26.
The petition requesting the addition of polyphenylene sulfide to
the List is based on weight and--as noted previously--contains the
information detailed in paragraph (b) of this document. The publication
of petition information in this supplemental notice of filing is not a
determination and does not constitute Treasury Department or IRS
confirmation of the accuracy of the information published.
Pursuant to section 10.02 of Rev. Proc. 2022-26, the IRS and
Petitioner agreed to extend the 180-day determination period.
(b) Petition Content.
(1) Substance name: Polyphenylene sulfide.
According to the petition, these are the commonly used substance
names for polyphenylene sulfide:
Polyphenylene sulfide
PPS
Poly(p-phenylenesulfide)
Benzene, 1,4-dichloro-, polymer with sodium sulfide.
(2) Petitioner: Celanese Ltd., an exporter of polyphenylene
sulfide.
(3) Proposed classification numbers:
(i) HTSUS number: 3911.90.2500.
(ii) Schedule B number: 3911.90.6100.
(iii) CAS numbers: 25212-74-2, 26125-40-6
(4) Petition filing dates:
(i) Petition filing date for purposes of making a determination:
December 20, 2022.
(ii) Petition filing date for purposes of section 11.02 of Rev.
Proc. 2022-26: July 1, 2022.
(5) Description from petition: According to the petition,
polyphenylene sulfide is a high-performance thermoplastic, has high
heat and chemical resistance, and is used in applications such as
filters, appliance, machine and automobile parts, replacing steel in
some cases.
In the final step of the production process, polyphenylene sulfide
is manufactured by the polymerization of 1,4-dichlorobenzene (p-DCB), a
taxable substance, with sodium hydrosulfide and sodium hydroxide.
Sodium hydrosulfide is made from sodium hydroxide and hydrogen sulfide.
Taxable chemicals constitute 90.0 percent by weight of the
materials used to produce this substance.
(6) Process identified in petition as predominant method of
production of substance:
Three separate reactions:
(A) 1,4 dichlorobenzene is made from the reaction of benzene with 2
equivalents of chlorine.
(B) Sodium hydrogen sulfide is made from the reaction of hydrogen
sulfide with sodium hydroxide.
(C) 1,4-dichlorobenzene (p-dichlorobenzene, p-DCB), sodium
hydrosulfide (NaSH), and sodium hydroxide (NaOH) are reacted at high
temperature and high pressure to form polyphenylene sulfide and
byproduct sodium chloride.
(7) Stoichiometric material consumption equation, based on process
identified as predominant method of production:
n [2 NaOH + C6H6 + 2 Cl2 +
H2S] [rarr] [C6H4S]n + 2n
H2O + 2n NaCl + 2n HCl
(8) Tax rate calculated by Petitioner, based on Petitioner's
conversion factors for taxable chemicals used in production of
substance:
(i) Tax rate: $14.50 per ton.
(ii) Conversion factors: 0.74 for sodium hydroxide, 0.72 for
benzene, 1.31 for chlorine.
(9) Public docket number: IRS-2022-0037.
Michael Beker,
Senior Counsel (Passthroughs and Special Industries),IRS Office of
Chief Counsel.
[FR Doc. 2024-03141 Filed 2-14-24; 8:45 am]
BILLING CODE 4830-01-P