Notice2025-08330
Superfund Tax on Chemical Substances; Request To Modify List of Taxable Substances; Notice of Filing for Linear UnDecyl Phthalate
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 13, 2025
Issuing agencies
Treasury DepartmentInternal Revenue Service
Abstract
This notice of filing announces that a petition has been filed requesting that linear undecyl phthalate be added to the list of taxable substances. This notice of filing also requests comments on the petition. This notice of filing is not a determination that the list of taxable substances is modified.
Full Text
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<title>Federal Register, Volume 90 Issue 91 (Tuesday, May 13, 2025)</title>
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[Federal Register Volume 90, Number 91 (Tuesday, May 13, 2025)]
[Notices]
[Pages 20353-20354]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08330]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
Superfund Tax on Chemical Substances; Request To Modify List of
Taxable Substances; Notice of Filing for Linear UnDecyl Phthalate
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of filing and request for comments.
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SUMMARY: This notice of filing announces that a petition has been filed
requesting that linear undecyl phthalate be added to the list of
taxable substances. This notice of filing also requests comments on the
petition. This 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 July 14, 2025.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(indicate public docket number IRS-2025-0044 or linear undecyl
phthalate) 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 Comments cannot be edited or withdrawn once submitted to the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 (Notice of Filing for Linear Undecyl Phthalate), 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
<a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, 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: Andrew Clark at (202) 317-6855 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
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), as modified by Rev. Proc. 2023-20 (2023-15 I.R.B.
636), requesting that linear undecyl phthalate be added to the list of
taxable substances under section 4672(a) of the Internal Revenue Code
(List). The petition requesting the addition of linear undecyl
phthalate to the List is based on weight and contains the information
detailed in paragraph (b) of this document. The information is provided
for public notice and comment pursuant to section 9 of Rev. Proc. 2022-
26. The publication of petition information in this notice of filing is
not a determination and does not constitute Treasury Department or IRS
confirmation of the accuracy of the information published.
(b) Petition Content.
(1) Substance name: Linear undecyl phthalate.
[[Page 20354]]
(2) Petitioner: Exxon Mobil Corporation, an exporter of linear
undecyl phthalate.
(3) Proposed classification numbers:
(i) HTSUS number: 2917.33.00.50.
(ii) Schedule B number: 2917.33.00.50.
(iii) CAS number: 3648-20-2.
(4) Petition filing dates:
(i) Petition filing date for purposes of making a determination:
April 8, 2025.
(ii) Petition filing date for purposes of section 11.02 of Rev.
Proc. 2022-26, as modified by section 3 of Rev. Proc. 2023-20: July 1,
2022.
(5) Description from petition: Linear undecyl phthalate is a
plasticizer that is especially suited for applications such as films,
vinyl coated fabrics, automotive, construction (roofing membranes,
flooring, and window and door seals), and electrical wire and cable.
Linear undecyl phthalate is made from ethylene and xylene. Taxable
chemicals constitute 70.72 percent by weight of the materials used to
produce this substance.
(6) Process identified in petition as predominant method of
production of substance: The linear undecyl phthalate di-ester is made
by reacting a mix of primary C11 alcohol with phthalic anhydride. The
ester is produced by esterification of 2 moles of a linear C11 alcohol
with one mole of phthalic anhydride in the presence of an acidic
catalyst.
By using excess alcohol (up to 25% molar excess of C11 alcohol) and
removing the water, the equilibrium is shifted towards the formation of
the di-ester. The reactants are charged into a reactor and heated up.
The reaction rate is accelerated by using, for example, tetra-n-butyl
titanate introduced at high temperature (140 [deg]C-250 [deg]C), while
removing the water formed.
The final ester is purified by neutralizing with a base such as an
aqueous solution of sodium carbonate. Then excess alcohol is distilled
off using steam/nitrogen stripping after neutralization. The remaining
excess water is distilled off and the ester is then filtered using
filter agents.
The degree of purity of the ester is up to >99.5 wt%. The overall
formula is C<INF>30</INF>H<INF>50</INF>O<INF>4</INF> and the molecular
weight is 474 g/mole, based on an average carbon number of the alkyl
groups, with 11 carbons being the predominant number.
The linear C11 alcohol is obtained through hydroformylation of
Decene. Decene is obtained through ethylene oligomerization.
Hydroformylation is the reaction of Decene, at high pressure and
temperature in the presence of a catalyst, with syngas (a mixture of
Carbon monoxide and Hydrogen). An alcohol with one carbon atom higher
versus the starting olefin is obtained, hence Decene gives Undecanol.
The hydroformylation induces 0.3 branches per molecule predominantly on
the 2-position carbon of the alcohol. Phthalic anhydride is obtained
through air oxidation of O.Xylene.
(7) Stoichiometric material consumption equation, based on process
identified as predominant method of production:
10 C<INF>2</INF>H<INF>4</INF> [ethylene] + 2 CO [carbon monoxide] + 4
H<INF>2</INF> [hydrogen] + C<INF>8</INF>H<INF>10</INF> [orthoxylene] +
3 O<INF>2</INF> [oxygen] [rarr]
C<INF>30</INF>H<INF>50</INF>O<INF>4</INF> [linear undecyl phthalate] +
4 H<INF>2</INF>O [water]
(8) Tax rate calculated by Petitioner, based on Petitioner's
conversion factors for taxable chemicals used in production of
substance:
(i) Tax rate: $7.89 per ton.
(ii) Conversion factors: 0.59 for ethylene, 0.22 for xylene.
(9) Public docket number: IRS-2025-0044.
Michael Beker,
Senior Counsel (Energy, Credits, and Excise Tax), IRS Office of Chief
Counsel.
[FR Doc. 2025-08330 Filed 5-12-25; 8:45 am]
BILLING CODE P
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