Page:United States Statutes at Large Volume 103 Part 3.djvu/300

 103 STAT. 2368 PUBLIC LAW 101-239—DEC. 19, 1989 i-r,.^ -1.'T.,).-. . The applicable percentage is: For For For ' "In the case of: • . s ales or sales or sales or use use use during during during ' 1991 1992 1993 ' Halon-1211 6.0 5.0 3.3 Halon-1301 1.8 1.5 1.0 Halon-2402 3.0 2.5 1.6. ' ^^- "(B) CHEMICALS USED IN RIGID FOAM INSULATION. —In the case of a sale or use during 1991, 1992, or 1993 on which no tax would have been imposed by reason of paragraph (I)(B) had such sale or use occurred during 1990, the tax imposed by section 4681 shall be the applicable percentage (deter- mined in accordance with the following table) of the amount of such tax which would (but for this subparagraph) be imposed. "In the case of sales or use during: The applicable percentage is: ^r 1991 18 15 1993 10. "(3) OVERPAYMENTS WITH RESPECT TO CHEMICALS USED IN RIGID FOAM INSULATION. — If any substance on which tax was paid under this subchapter is used during 1990, 1991, 1992, or 1993 by any person in the manufacture of rigid foam insulation, credit or refund (without interest) shall be allowed to such person an amount equal to the excess of^ "(A) the tax paid under this subchapter on such sub- stance, over "(B) the tax (if any) which would be imposed by section 4681 if such substance were used for such use by the manufacturer, producer, or importer thereof on the date of its use by such person. "Amounts payable under the preceding sentence with respect to uses during the taxable year shall be treated as described in section 34(a) for such year unless claim therefor has been timely filed under this paragraph. " (h) IMPOSITION OF FLOOR STOCKS TAXES. — "(1) JANUARY i, 1990, TAX.Dn any ozone-depleting chemical which on January 1, 1990, is held by any person (other than the manufacturer, producer, or importer thereof) for sale or for use in further manufacture, there is hereby imposed a floor stocks tax in an amount equal to the tax which would be imposed by section 4681 on such chemical if the sale of such chemical by the manufacturer, producer, or importer thereof had occurred during 1990. n "(2) OTHER TAX-INCREASE DATES.— "(A) IN GENERAL.— If, on any tax-increase date, any ozone- depleting chemical is held by any person (other than the manufacturer, producer, or importer thereof) for sale or for use in further manufacture, there is hereby imposed a floor stocks tax. "(B) AMOUNT OF TAX.— The amount of the tax imposed by subparagraph (A) shall be the excess (if any) of— "(i) the tax which would be imposed under section 4681 on such substance if the sale of such chemical by
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