Notice2025-08706

Superfund Tax on Chemical Substances; Request To Modify List of Taxable Substances; Notice of Filing for Di-IsoNonyl Adipate

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 16, 2025

Issuing agencies

Treasury DepartmentInternal Revenue Service

Abstract

This notice of filing announces that a petition has been filed requesting that di-isononyl adipate 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 94 (Friday, May 16, 2025)</title>
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[Federal Register Volume 90, Number 94 (Friday, May 16, 2025)]
[Notices]
[Page 21131]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08706]


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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 Di-IsoNonyl Adipate

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 di-isononyl adipate 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 15, 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-2025-0048 or Di-IsoNonyl Adipate) 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cannot be edited or withdrawn once submitted to the Federal eRulemaking 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 Di-IsoNonyl Adipate), 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 di-isononyl adipate be added to the list of 
taxable substances under section 4672(a) of the Internal Revenue Code 
(List). The petition requesting the addition of di-isononyl adipate 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: Di-isononyl adipate.
    The substance is also known as DINA.
    (2) Petitioner: Exxon Mobil Corporation, an exporter of di-isononyl 
adipate.
    (3) Proposed classification numbers:
    (i) HTSUS number: 2917.12.20.00.
    (ii) Schedule B number: 2917.12.2000.
    (iii) CAS number: 33703-08-1.
    (4) Petition filing dates:
    (i) Petition filing date for purposes of making a determination: 
May 1, 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: Di-lsoNonyl Adipate (``DINA'') is a 
light colored and oily liquid plasticizer which is used in polymeric 
systems based on vinyl, nitrocellulose, and rubber. In these systems, 
DINA adds flexibility to products at low temperatures. Other features 
would include good electrical properties, good stability to heat, 
impact resistance, and good resistance to weathering.
    DINA is produced using propylene, benzene, and nitric acid. Taxable 
chemicals constitute 79.20 percent by weight of the materials used to 
produce this substance.
    (6) Process identified in petition as predominant method of 
production of substance: Di-isononyl adipate is produced via 
esterification. The di-isononyl adipate di-ester is made by reacting 
primary isononyl (C9) alcohol with adipic acid. The ester is produced 
by esterification of 2 moles of isononyl C9 alcohol and 1 mole of 
Adipic Acid in the presence of a catalyst.
    By using excess alcohol (up to 30% molar excess of C9 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.
    Excess alcohol is distilled from the ester by vacuum prior to 
neutralization and recycled into subsequent batches. The final ester is 
purified by neutralizing with a base such as an aqueous solution of 
sodium carbonate. The remaining excess water is distilled off and the 
ester is then filtered using filter agents. The degree of purity of the 
ester is min 99.0 wt%.
    (7) Stoichiometric material consumption equation, based on process 
identified as predominant method of production:

4.82 C<INF>3</INF>H<INF>6</INF> [propylene] + 0.3 
C<INF>5</INF>H<INF>10</INF> [amylene] + 2 CO [carbon monoxide] + 7 
H<INF>2</INF> [hydrogen] + C<INF>6</INF>H<INF>6</INF> [benzene] + 0.5 
O<INF>2</INF> [oxygen] + 2 HNO<INF>3</INF> [nitric acid] [rarr] 
C<INF>24</INF>H<INF>46</INF>O<INF>4</INF> [di-isononyl adipate] + 4 
H<INF>2</INF>O [water] + N<INF>2</INF>O [nitrous oxide]

    (8) Tax rate calculated by Petitioner, based on Petitioner's 
conversion factors for taxable chemicals used in production of 
substance:
    (i) Tax rate: $7.07 per ton.
    (ii) Conversion factors: 0.51 for propylene, 0.20 for benzene, 0.32 
for nitric acid.
    (9) Public docket number: IRS-2025-0048.

Michael Beker,
Senior Counsel (Energy, Credits, and Excise Tax), IRS Office of Chief 
Counsel.
[FR Doc. 2025-08706 Filed 5-15-25; 8:45 am]
BILLING CODE 4830-01-P


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Indexed from Federal Register on May 16, 2025.

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