Page:United States Statutes at Large Volume 103 Part 3.djvu/298

 103 STAT. 2366 PUBLIC LAW 101-239—DEC. 19, 1989 "(d) EXCEPTIONS.— "(1) RECYCUNG.—No tax shall be imposed by section 4681 on
 * any ozone-depleting chemical which is diverted or recovered in

the United States as part of a recycling process (and not as part \ ' of the original manufacturing or production process). "(2) USE IN FURTHER MANUFACTURE.— "(A) IN GENERAL. —No tax shall be imposed by section 4681— "(i) on the use of any ozone-depleting chemical in the rr ozone-depleting chemical is entirely consumed in such use, "(ii) on the sale by the manufacturer, producer, or importer of any ozone-depleting chemical— "(I) for a use by the purchaser which meets the requirements of clause (i), or "(11) for resale by the purchaser to a second purchaser for a use by the second purchaser which meets the requirements of clause (i). Clause (ii) shall apply only if the manufacturer, producer, r and importer, and the 1st and 2d purchasers (if any), meet such registration requirements as may be prescribed by the Secretary. "(B) CREDIT OR REFUND.— Under regulations prescribed by the Secretary, if— "(i) a tax under this subchapter was paid with respect to any ozone-depleting chemical, and "(ii) such chemical was used (and entirely consumed) by any person in the manufacture or production of any other chemical, then an amount equal to the tax so paid shall be allowed as ^ a credit or refund (without interest) to such person in the same manner as if it were an overpayment of tax imposed by section 4681. " (3) EXPORTS.— "(A) IN GENERAL. —Except as provided in subparagraph (B), rules similar to the rules of section 4662(e) (other than section 4662(e)(2)(A)(ii)(II)) shall apply for purposes of this subchapter. "(B) LIMIT ON BENEFIT. — "(i) IN GENERAL. — The aggregate tax benefit allow- able under subparagraph (A) with respect to ozone- depleting chemicals manufactured or produced by any person during a calendar year shall not exceed the sum of— "(I) the amount equal to the 1986 export percent- age of the aggregate tax imposed by this sub- .' chapter with respect to ozone-depleting chemicals "' manufactured or produced by such person during such calendar year (other than chemicals with re- spect to which subclause (ID applies), and "(II) the aggregate tax imposed by this sub- chapter with respect to any additional production allowance granted to such person with respect to ozone-depleting chemicals manufactured or pro- duced by such person during such calendar year by
 * manufacture or production of any other chemical if the

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