Page:United States Statutes at Large Volume 68 Part 1.djvu/72

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PUBLIC LAW 324-MAR. 31, 1954

[88 S T T ' A

SEC. 302. TAX ON MECHANICAL PENCILS, FOUNTAIN AND BALL-POINT PENS, AND MECHANICAL LIGHTERS FOR CIGARETTES, CIGARS, AND PIPES. Section 3408(a) (relating to tax on mechanical pencils, fountain and ball-point pens, and mechanical lighters for cigarettes, cigars, and pipes) is hereby amended by striking out "16 per centum" and inserting in lieu thereof "10 per centum". SEC. 303. TAX ON MATCHES. Section 3409(a) (relating to manufacturers' excise tax on matches) is hereby amended by striking out "2 cents per 1,000 matches" and inserting in lieu thereof the following: "2 cents per 1,000 matches but not more than 10 per centum of the price for which so sold". SEC. 304. CUTTING OILS. Section 3413 (relating to tax on lubricating oils) is hereby amended— (a) by inserting after "6 cents a gallon" the following: " (except that, in the case of cutting oils, the tax shall not exceed 10 per centum of the price for which so sold)"; and (b) by adding at the end of such section a new sentence as follows: " For the purposes of this section, the term 'cutting oils' means oils used primarily in cutting and machining operations (including forging, drawing, rolling, shearing, punching, and stamping) on metals and known commercially as cutting oils." SEC. 305. REDUCTION OF TAX ON REFRIGERATORS AND QUICKFREEZE UNITS AND ON ELECTRIC, GAS, AND OIL HOUSEHOLD APPLIANCES. (a) REDUCTION OF TAX.—Section 3405 (relating to manufacturers' excise tax on refrigerators, quick-freeze units, and self-contained airconditioning units) is hereby amended by striking out "10 per centum" and inserting in lieu thereof the following: "5 per centum (10 per centum in the case of articles subject to tax under subsection (c)) "; and section 3406(a)(3) (relating to manufacturers' excise tax on electric, gas, and oil appliances) is hereby amended by striking out "10 per centum" and inserting in lieu thereof "5 per centum". (b) FLOOR STOCKS REFUND.—Subchapter A of chapter 29 (relating

to manufacturers' excise taxes) is hereby amended by adding at the end thereof a new section as follows: "SEC. 3416. FLOOR STOCKS REFUND ON REFRIGERATORS, QUICKFREEZE UNITS, AND ELECTRIC, GAS, AND OIL HOUSEHOLD APPLIANCES. " (a) IN GENERAL.—Where before April 1, 1954, any article subject to the tax imposed by section 3405(a), section 3405(b), or section 3406 (a)(3) has been sold by the manufacturer, producer, or importer, and on such date is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the manufacturer, producer, or importer an amount equal to the difference between the tax paid by such manufacturer, producer, or importer on his sale of the article and the tax made applicable to such article on and after April 1, 1954, if such manufacturer, producer, or importer— "(1) has paid such amount as reimbursement to the dealer who held such article on April 1, 1954; and " (2) files claim for such credit or refund before August 1, 1954. "(b) DEFINITION OF DEALER.—As used in this section, the term 'dealer' includes a wholesaler, jobber, distributor, or retailer. For the purposes of this section, an article shall be considered as 'held by a dealer' if title thereto has passed to such dealer (whether or not deliv-

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