Pub. L. 104-188, tit. I, subtit. H, sec. 1803
MODIFICATIONS TO EXCISE TAX ON OZONE-DEPLETING CHEMICALS.
SEC. 1803. MODIFICATIONS TO EXCISE TAX ON OZONE-DEPLETING CHEMICALS. (a) Recycled Halon.— (1) In general.— Section 4682(d)(1) (relating to recycling) is amended by inserting “, or on any recycled halon imported from any country which is a signatory to the Montreal Protocol on Substances that Deplete the Ozone Layer” before the period at the end. (2) Certification system.— The Secretary of the Treasury, after consultation with the Administrator of the Environmental Protection Agency, shall develop a certification system to ensure compliance with the recycling requirement for imported halon under section 4682(d)(1) of the Internal Revenue Code of 1986, as amended by paragraph (1). 110 STAT. 1893 (b) Chemicals Used as Propellants in Metered-Dose Inhalers Tax-Exempt.— Paragraph (4) of section 4682(g) (relating to phase-in of tax on certain substances) is amended to read as follows: “(4) Chemicals used as propellants in metered-dose inhalers.— “(A) Tax-exempt.— “(i) In general.— No tax shall be imposed by section 4681 on— “(I) any use of any substance as a propellant in metered-dose inhalers, or “(II) any qualified sale by the manufacturer, producer, or importer of any substance. “(ii) Qualified sale.— For purposes of clause (i), the term ‘qualified sale’ means any sale by the manufacturer, producer, or importer of any substance— “(I) for use by the purchaser as a propellant in metered-dose inhalers, or “(II) for resale by the purchaser to a 2d purchaser for such use by the 2d purchaser. The preceding sentence shall apply only if the manufacturer, producer, and importer, and the 1st and 2d purchasers (if any) meet such registration requirements as may be prescribed by the Secretary. “(B) Overpayments.— If any substance on which tax was paid under this subchapter is used by any person as a propellant in metered-dose inhalers, credit or refund without interest shall be allowed to such person in an amount equal to the tax so paid. 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 thereof has been timely filed under this subparagraph.”. (c) Effective Dates.— (1) Recycled halon.— (A) In general.— Except as provided in subparagraph (B), the amendment made by subsection (a)(1) shall take effect on January 1, 1997. (B) Halon-1211.— In the case of Halon-1211, the amendment made by subsection (a)(1) shall take effect on January 1, 1998. (2) Metered-dose inhalers.— The amendment made by subsection (b) shall take effect on the 7th day after the date of the enactment of this Act.