Treasury Regulations · 26 CFR
§ 52.4682-3. Imported taxable products.
Regulation text, no changes From the eCFR, current as of October 15, 2026. The eCFR is an authoritative but unofficial editorial compilation of the Code of Federal Regulations; the official text is the annual CFR on govinfo. Compare it with this section on ecfr.gov (external site) or the official annual CFR on govinfo (external site).
Regulation under 26 U.S.C. § 4682
Cite as 26 CFR § 52.4682-3
At a glance
Read from the text and its source citation. Not part of the regulation.
- Status
- In the current eCFR
- Issued
- November 4, 1991 by T.D. 8370
- Last amended
- March 18, 1993 by T.D. 8370
- Issued under
- 26 U.S.C. § 4682
- Length
- 6,043 words · about 26 min to read
- Defines
- 5 terms
- Cross-references
- cites 2 Code sections and 2 regulations; cited by 1
A brings a light truck with a Harmonized Tariff Schedule classification of 8704 into the customs territory and enters the truck for transportation and exportation. Although the truck is listed in the current Table, it is not an imported taxable product because it is not entered for consumption, use, or warehousing. The truck also would not be an imported taxable product if it were admitted to a foreign trade zone (rather than brought into the customs territory) for transportation and exportation.
(a) An importer of printed circuits and other electronic components uses those products in assembling television receivers in the United States and also uses the printed circuits in assembling VCRs in the United States. Under the importer's criteria for determining similarity, printed circuits are similar to other printed circuits, but not to the other electronic components. In addition, television receivers are similar to other television receivers, but not to VCRs. The importer has not made an election under paragraph (c)(2) of this section.
(b) Under this paragraph (c)(3), the importer may treat the sale of the television receivers as the first sale or use of the imported printed circuits incorporated into the television receivers. In that case, the tax on the printed circuits would be imposed when the television receivers are sold rather than when the printed circuits are used in assembling the television receivers.
(c) The importer may treat the sale of the television receivers as the first sale or use of the printed circuits incorporated into the television receivers even if the sale of the television receivers is not treated as the first sale or use of the other electronic components incorporated into the television receivers and even if the sale of VCRs is not treated as the first sale or use of the printed circuits incorporated into the VCRs. Under paragraph (c)(3)(i)(A) of this section, however, the importer must have consistently treated the sale of television receivers as the first sale or use of printed circuits incorporated into the receivers. Thus, in the case of television receivers that were assembled before January 1, 1990, and sold after December 31, 1989, the importer must have treated the sale of the television receivers as the first sale or use of the printed circuits incorporated into the television receivers when reporting tax under section 4681 with respect to such printed circuits.
A, a manufacturer located outside the United States, uses ODCs as a solvent to clean the printed circuits it manufactures and as a coolant in the air-conditioning system of the factory in which the printed circuits are manufactured. The ODCs used as a solvent are released into the atmosphere, and, under paragraph (d)(2)(ii) of this section, are used as materials in the manufacture of the printed circuits. The ODCs used as a coolant in the air-conditioning system are also used in the manufacture of the printed circuits. Under paragraph (d)(2)(iii) of this section, these ODCs are used as materials in the manufacture of the printed circuits only to the extent the cost of the ODCs is properly allocable to the printed circuits.
B manufactures television receivers outside the United States and wraps them for shipping in a protective packing material manufactured with ODCs. Under paragraph (d)(3) of this section, the ODCs used in the manufacture of the protective packing material are not treated as ODCs used as a material in the manufacture of the television receivers.
A is an importer (as defined in § 52.4681-1(c)(5)) of VCRs. The HTS classification for the VCRs is 8528.10.40. VCRs classified under HTS heading 8528.10.40 are imported taxable products because they are listed in the Table (contained in paragraph (f)(6) of this section) by name and HTS heading (as described in paragraph (f)(3)(i) of this section). Each VCR is wrapped in protective packing material manufactured with ODCs. A imports and sells 100 VCRs during the first calendar quarter of 1991. A may determine the ODC weight for the VCRs by reference to the Table. The Table ODC weight specified for VCRs classified under HTS heading 8528.10.40 is 0.0586 pound of CFC-113. This weight does not take protective packaging into account. The amount of tax for the first quarter of 1991 is $6.42 (0.0586 (the ODC weight) × 100 (the number of VCRs sold in the quarter) × $1.37 (the base tax amount for CFC-113 in 1991) × 0.8 (the ozone-depletion factor for CFC-113)). If A uses the exact method (as described in paragraph (e)(2) of this section) to determine the ODC weight for the VCRs, A does not take into account the ODCs used in the manufacture of the protective packaging. (Imported protective packaging containing foams made with ODCs other than foams defined in § 52.4682-1(d)(3) is subject to tax, however, if the packaging is sold as packaging or first used as packaging in the United States.)
The facts are the same as in Example 1, except that A's VCRs are manufactured using methyl chloroform as the solvent instead of CFC-113. If A does not use the exact method to determine the weight of the methyl chloroform used in the manufacture of the VCRs, A must, under paragraphs (e)(3)(i) and (e)(4)(i) of this section, determine the ODC weight by reference to the Table. If A uses the Table ODC weight, the computation of tax is the same as in Example 1, using the base tax amount and ozone-depletion factor for CFC-113. A does not substitute the base tax amount and ozone-depletion factor of methyl chloroform for those of CFC-113.
B imports and sells mixtures of ethylene oxide and CFC-12. The mixture is 88 percent CFC-12 by weight. B also imports and sells R-502. The R-502 is 51 percent CFC-115 by weight. In the first calendar quarter of 1991 B sells 100 pounds of imported ethylene oxide/CFC-12 mixture and 10,000 pounds of imported R-502. The ethylene/CFC-12 mixture and the R-502 are imported taxable products because they are listed in Part I of the Table (contained in paragraph (f)(6) of this section). Under the exact method described in paragraph (e)(2) of this section, B computes the tax based on 88 pounds of CFC-12, the amount of ODCs contained in the imported ethylene oxide mixture, and based on 5100 pounds of CFC-115, the amount of ODCs in the imported R-502.
The Table lists “electronic integrated circuits and microassemblies; HTS heading 8542.” A bipolar transistor under HTS heading 8542.11.00.05 is included in this listing because a bipolar transistor is a type of electronic integrated circuit and HTS heading 8542.11.00.05 is included within HTS heading 8542.
The Table lists “radios; HTS heading 8527.19,” “radio combinations; HTS heading 8527.11” and “radio combinations; HTS heading 8527.31.” A radio classified under HTS heading 8527.19 is not included within either listing for radio combinations. However, a radio classified under HTS heading 8527.19.00.20 is included within the listing for radios; HTS heading 8527.19. A radio combination classified under HTS heading 8527.11.20 is included within the listing for radio combinations; HTS heading 8527.11 but not the listing for radio combinations; HTS heading 8527.31. Any radio or radio combination not classified under the HTS heading for any other listing is included in the listing for electronic items not otherwise listed.
| Product name | Harmonized tariff schedule heading | ODC | ODC weight |
|---|---|---|---|
| Part I—Products that are mixtures containing ODCs: | |||
| Mixtures containing ODCs, including but not limited to: | |||
| —anti-static sprays | |||
| —automotive products such as “carburetor cleaner,” “stop leak,” and “oil charge” | |||
| —cleaning solvents | |||
| —contact cleaners | |||
| —degreasers | |||
| —dusting sprays | |||
| —electronic circuit board coolants | |||
| —electronic solvents | |||
| —ethylene oxide/CFC-12 | |||
| —fire extinguisher preparations and charges | |||
| —flux removers for electronics | |||
| —insect and wasp sprays | |||
| —mixtures of ODCs | |||
| —propellants | |||
| —refrigerants |
| Product name | Harmonized tariff schedule heading | ODC | ODC weight |
|---|---|---|---|
| Part II—Products in which ODCs are used for purposes of refrigeration or air conditioning, creating an aerosol or form or manufacturing electronic components: | |||
| Rigid foam insulation defined in § 52.4682-1(d)(3) | |||
| Foams made with ODCs, other than foams defined in § 52.4682-1(d)(3) | |||
| Scrap flexible foams made with ODCs | |||
| Medical products containing ODCs: | |||
| Surgical staplers | |||
| Cryogenic medical instruments | |||
| Drug delivery systems | |||
| Inhalants | |||
| Dehumidifiers, household | 8415.82.00.50 | CFC-12 | 0.344 |
| Chillers: | 8415.82.00.65 | ||
| Charged with CFC-12 | CFC-12 | 1600. | |
| Charged with CFC-114 | CFC-114 | 1250. | |
| Charged with R-500 | CFC-12 | 1920. | |
| Refrigerator-freezers, household: | |||
| Not >184 liters | 8418.10.00.10 | CFC-11 CFC-12 | 1 1.08 0.13 |
| >184 liters but not >269 liters | 8418.10.00.20 | CFC-11 CFC-12 | 1 1.32 0.26 |
| >269 liters but not >382 liters | 8418.10.00.30 | CFC-11 CFC-12 | 1 1.54 0.35 |
| >382 liters | 8418.10.00.40 | CFC-11 CFC-12 | 1 1.87 0.35 |
| Refrigerators, household: | |||
| Not >184 liters | 8418.21.00.10 | CFC-11 CFC-12 | 1 1.08 0.13 |
| >184 liters but not >269 liters | 8418.21.00.20 | CFC-11 CFC-12 | 1 1.32 0.26 |
| >269 liters but not >382 liters | 8418.21.00.30 | CFC-11 CFC-12 | 1 1.54 0.35 |
| >382 liters | 8418.21.00.90 | CFC-11 CFC-12 | 1 1.87 0.35 |
| Freezers, household | 8418.30 | CFC-11 CFC-12 | 1 2.0 0.4 |
| Freezers, household | 8418.40 | CFC-11 CFC-12 | 1 2.0 0.4 |
| Refrigerating display counters not >227 kg | 8418.50 | CFC-11 CFC-12 | 1 50.0 260.0 |
| Icemaking machines | 8418.69 | ||
| Charged with CFC-12 | CFC-12 | 1.4 | |
| Charged with R-502 | CFC-115 | 3.39 | |
| Drinking water coolers | 8418.69 | ||
| Charged with CFC-12 | CFC-12 | 0.21 | |
| Charged with R-500 | CFC-12 | 0.22 | |
| Centrifugal chillers, hermetic | 8418.69 | ||
| Charged with CFC-12 | CFC-12 | 1600. | |
| Charged with CFC-114 | CFC-114 | 1250. | |
| Charged with R-500 | CFC-12 | 1920. | |
| Reciprocating chillers | 8418.69 | ||
| Charged with CFC-12 | CFC-12 | 200. | |
| Mobile refrigeration systems | 8418.99 | ||
| Containers | CFC-12 | 15. | |
| Trucks | CFC-12 | 11. | |
| Trailers | CFC-12 | 20. | |
| Refrigeration condensing units: | |||
| not >746W | 8418.99.00.05 | CFC-12 | 0.3 |
| >746W but not >2.2KW | 8418.99.00.10 | CFC-12 | 1.0 |
| >2.2KW but not >7.5KW | 8418.99.00.15 | CFC-12 | 3.0 |
| >7.5KW but not >22.3KW | 8418.99.00.20 | CFC-12 | 8.5 |
| >22.3 KW | 8418.99.00.25 | CFC-12 | 17.0 |
| Fire extinguishers, charged w/ODCs | 8424 | ||
| Electronic typewriters and word processors | 8469 | CFC-113 | 0.2049 |
| Electronic calculators | 8470.10 | CFC-113 | 0.0035 |
| Electronic calculators w/printing device | 8470.21 | CFC-113 | 0.0057 |
| Electronic calculators | 8470.29 | CFC-113 | 0.0035 |
| Account machines | 8470.40 | CFC-113 | 0.1913 |
| Cash registers | 8470.50 | CFC-113 | 0.1913 |
| Digital automatic data processing machines w/cathode ray tube, not included in subheading 8471.20.00.90 | 8471.20 | CFC-113 | 0.3663 |
| Laptops, notebooks, and pocket computers | 8471.20.00.90 | CFC-113 | 0.03567 |
| Digital processing units w/entry value: | |||
| Not >$100K | 8471.91 | CFC-113 | 0.4980 |
| >$100K | 8471.91 | CFC-113 | 27.6667 |
| Combined input/output units (terminals) | 8471.92 | CFC-113 | 0.3600 |
| Keyboards | 8471.92 | CFC-113 | 0.0742 |
| Display units | 8471.92 | CFC-113 | 0.0386 |
| Printer units | 8471.92 | CFC-113 | 0.1558 |
| lnput or output units | 8471.92 | CFC-113 | 0.1370 |
| Hard magnetic disk drive units not included in subheading 8471.93.10 for a disk of a diameter: | |||
| Not >9 cm (31⁄2 inches) | 8471.93 | CFC-113 | 0.2829 |
| >9 cm (31⁄2 inches) but not >21 cm (81⁄4 inches) | 8471.93 | CFC-113 | 1.1671 |
| Nonmagnetic storage units w/ entry value >$1,000 | 8471.93 | CFC-113 | 2.7758 |
| Magnetic disk drive units for a disk of a diameter over 21 cm (81⁄4 inches) | 8471.93.10 | CFC-113 | 4.0067 |
| Power supplies | 8471.99.30 | CFC-113 | 0.0655 |
| Electronic office machines | 8472 | CFC-113 | 0.001 |
| Populated cards for digital processing units in subheading 8471.91 w/value: | |||
| Not >$100K | 8473.30 | CFC-113 | 0.1408 |
| >$100K | 8473.30 | CFC-113 | 4.82 |
| Automatic goods-vending machines with refrigerating device | 8476.11 | CFC-12 | 0.45 |
| Microwave ovens with electronic controls, with capacity of | 8516.50 | ||
| 0.99 cu. ft. or less | CFC-113 | 0.0300 | |
| 1.0 through 1.3 cu. ft | CFC-113 | 0.0441 | |
| 1.31 cu. ft. or greater | CFC-113 | 0.0485 | |
| Microwave oven combinations with electronic controls | 8516.60.40.60 | CFC-113 | 0.0595 |
| Telephone sets w/entry value: | |||
| Not >$11.00 | 8517.10 | CFC-113 | 0.0225 |
| >$11.00 | 8517.10 | CFC-113 | 0.1 |
| Teleprinters and teletypewriters | 8517.20 | CFC-113 | 0.1 |
| Switching equipment not included in subheading 8517.30.20 | 8517.30 | CFC-113 | 0.1267 |
| Private branch exchange switching equipment | 8517.30.20 | CFC-113 | 0.0753 |
| Modems | 8517.40 | CFC-113 | 0.0225 |
| Intercoms | 8517.81 | CFC-113 | 0.0225 |
| Facsimile machines | 85l7.82 | CFC-113 | 0.0225 |
| Loudspeakers, microphones, headphones, and electric sound amplifier sets, not included in subheading 8518.30.10 | 8518 | CFC-113 | 0.0022 |
| Telephone handsets | 8518.30.10 | CFC-113 | 0.042 |
| Turntables, record players, cassette players, and other sound reproducing apparatus | 8519 | CFC-113 | 0.0022 |
| Magnetic tape recorders and other sound recording apparatus, not included in subheading 8520.20 | 8520 | CFC-113 | 0.0022 |
| Telephone answering machines | 8520.20 | CFC-113 | 0.1 |
| Color video recording/reproducing apparatus | 8521.10.00.20 | CFC-113 | 0.0586 |
| Videodisc players | 8521.90 | CFC-113 | 0.0106 |
| Cordless handset telephones | 8525.20.50 | CFC-113 | 0.1 |
| Cellular communication equipment | 8525.20.60 | CFC-113 | 0.4446 |
| TV cameras | 8525.30 | CFC-113 | 1.423 |
| Camcorders | 8525.30 | CFC-113 | 0.0586 |
| Radio combinations | 8527.11 | CFC-113 | 0.0022 |
| Radios | 8527.19 | CFC-113 | 0.0014 |
| Motor Vehicle radios with or w/o tape player | 8527.21 | CFC-113 | 0.0021 |
| Radio combinations | 8527.31 | CFC-113 | 0.0022 |
| Radios | 8527.32 | CFC-113 | 0.0014 |
| Tuners w/o speaker | 8527.39.00.20 | CFC-113 | 0.0022 |
| Television receivers | 8528 | CFC-113 | 0.0386 |
| VCRs | 8528.10.40 | CFC-113 | 0.0586 |
| Home satellite earth stations | 8528.10.80.55 | CFC-113 | 0.0106 |
| Electronic assemblies for HTS headings 8525, 8527, & 8528 | 8529.90 | CFC-113 | 0.0816 |
| Indicator panels incorporating liquid crystal devices or light emitting diodes | 8531.20 | CFC-113 | 0.0146 |
| Printed circuits | 8534 | CFC-113 | 0.001 |
| Computerized numerical controls | 8537.10.00.30 | CFC-113 | 0.1306 |
| Diodes, crystals, transistors and other similar discrete semiconductor devices | 8541 | CFC-113 | 0.0001 |
| Electronic integrated circuits and microassemblies | 8542 | CFC-113 | 0.0002 |
| Signal generators | 8543.20 | CFC-113 | 0.6518 |
| Avionics | 8543.90.40 | CFC-113 | 0.915 |
| Signal generators subassemblies | 8543.90.80 | CFC-113 | 0.1265 |
| Insulated or refrigerated railway freight cars | 8606 | CFC-11 | 1 100. |
| Passenger automobiles | 8703 | ||
| Foams (interior) | CFC-11 | 0.8 | |
| Foams (exterior) | CFC-11 | 0.7 | |
| With charged a/c | CFC-12 | 2.0 | |
| Without charged a/c | CFC-12 | 0.2 | |
| Electronics | CFC-113 | 0.5 | |
| Light trucks | 8704 | ||
| Foams (interior) | CFC-11 | 0.6 | |
| Foams (exterior) | CFC-11 | 0.1 | |
| With charged a/c | CFC-12 | 2.0 | |
| Without charged a/c | CFC-12 | 0.2 | |
| Electronics | CFC-113 | 0.4 | |
| Heavy trucks and tractors, GVW 33,001 lbs or more: 2 | 8704 | ||
| Foams (interior) | CFC-11 | 0.6 | |
| Foams (exterior) | CFC-11 | 0.1 | |
| With charged a/c | CFC-12 | 3.0 | |
| Without charged a/c | CFC-12 | 0.2 | |
| Electronics | CFC-113 | 0.4 | |
| Motorcycles with seat foamed with ODCs | 8711 | CFC-11 | 0.04 |
| Bicycles with seat foamed with ODCs | 8712 | CFC-11 | 0.04 |
| Seats foamed with ODCs | 8714.95 | CFC-11 | 0.04 |
| Aircraft | 8802 | CFC-12 | 0.25 lb/1000 lbs Operating Empty Weight (OEW). |
| CFC-113 | 30.0 lbs./1000 lbs.OEW | ||
| Optical fibers | 9001 | CFC-12 | 0.005 lb/thousand feet. |
| Electronic cameras | 9006 | CFC-113 | 0.01 |
| Photocopiers | 9009 | CFC-113 | 0.0426 |
| Avionics | 9014.20 | CFC-113 | 0.915 |
| Electronic drafting machines | 9017 | CFC-113 | 0.12 |
| Complete patient monitoring systems | 9018.19.80 | CFC-12 CFC-113 | 0.94 3.4163 |
| Complete patient monitoring systems; subassemblies thereof | 9018.19.80.60 | CFC-113 | 1.9320 |
| Physical or chemical analysis instruments | 9027 | CFC-12 CFC-113 | 0.0003 0.0271 |
| Oscilloscopes | 9030 | CFC-11 CFC-12 CFC-113 | 0.49 0.5943 0.2613 |
| Foam chairs | 9401 | CFC-11 | 0.30 |
| Foam sofas | 9401 | CFC-11 | 0.75 |
| Foam mattresses | 9404.21 | CFC-11 | 1.60 |
| Electronic games and electronic components thereof | 9504 | CFC-113 | |
| Electronic items not otherwise listed in the Table: | |||
| Included in HTS chapters 84, 85, 90 | CFC-113 | 0.0004 pound/$1.00 of entry value. | |
| Not included in HTS chapters 84, 85, 90 3 | CFC-113 | 0.0004 pound/$1.00 of entry value. | |
| PART III—Products that are not Imported Taxable Products: | |||
| Room air conditioners | 8415.10.00.60 | ||
| Dishwashers | 8422.11 | ||
| Clothes washers | 8450.11 | ||
| Clothes dryers | 8451.21 | ||
| Floppy disk drive units | 8471.93 | ||
| Transformers and inductors | 8504 | ||
| Toasters | 8516.72 | ||
| Unrecorded media | 8523 | ||
| Recorded media | 8524 | ||
| Capacitors | 8532 | ||
| Resistors | 8533 | ||
| Switching apparatus | 8536 | ||
| Cathode tubes | 8540 | ||
| 1 See paragraph (e)(3)(ii)(C) of this section. Denotes an ODC used in the manufacture of rigid foam insulation. | |||
| 2 See paragraph (f)(2)(ii)(A) of this section. Denotes product for which the effective date is October 1, 1990. | |||
| 3 See paragraph (f)(2)(ii)(B) of this section. Denotes products for which the effective date is January 1, 1992. | |||
[T.D. 8370, 56 FR 56311, Nov. 4, 1991, as amended by T.D. 8370, 58 FR 14518, Mar. 18, 1993]
Terms defined here
Where the text says “the term … means”. Select a term to jump to its definition.
Cross-references
Computed from the citations in the text of 26 CFR.
Code sections it cites
- § 4681 Imposition of tax
- § 468 Special rules for mining and solid waste reclamation and closing costs
Regulations it cites
- § 52.4681-1 Taxes imposed with respect to ozone-depleting chemicals.
- § 52.4682-1 Ozone-depleting chemicals.
Cited by 1 other regulation
Amendment history
From the source citation at the end of the section, newest first. T.D. is a Treasury decision; FR is the Federal Register.
- Amended by T.D. 8370 (58 FR 14518)
- Issued by T.D. 8370 (56 FR 56311)
Where it sits in 26 CFR
- Subchapter D Miscellaneous excise taxes
- Part 52 Environmental taxes