§ 4162 — Definitions; Treatment Of Certain Resales

(a) For purposes of this part, the term “sport fishing equipment” means— (1) fishing rods and poles (and component parts therefor), (2) fishing reels, (3) fly fishing lines, and other fishing lines not over 130 pounds test, (4) fishing spears, spear guns, and spear tips, (5) items of terminal tackle, including— (A) leaders, (B) artificial lures, (C) artificial baits, (D) artificial flies, (E) fishing hooks, (F) bobbers, (G) sinkers, (H) snaps, (I) drayles, and (J) swivels, (6) the following items of fishing supplies and accessories— (A) fish stringers, (B) creels, (C) tackle boxes, (D) bags, baskets, and other containers designed to hold fish, (E) portable bait containers, (F) fishing vests, (G) landing nets, (H) gaff hooks, (I) fishing hook disgorgers, and (J) dressing for fishing lines and artificial flies, (7) fishing tip-ups and tilts, (8) fishing rod belts, fishing rodholders, fishing harnesses, fish fighting chairs, fishing outriggers, and fishing downriggers, and (9) electric outboard boat motors. (1) If— (A) the manufacturer, producer, or importer sells any article taxable under section 4161(a) to any person, (B) the constructive sale price rules of section 4216(b) do not apply to such sale, and (C) such person (or any other person) sells such article to a related person with respect to the manufacturer, producer, or importer, (2) If— (A) tax is imposed on the sale of any article by reason of paragraph (1), and (B) the related person establishes the amount of the tax which was paid on the sale described in paragraph (1)(A), (3) For purposes of this subsection, the term “related person” has the meaning given such term by section 465(b)(3)(C). (4) Except to the extent provided in regulations, rules similar to the rules of this subsection shall also apply in cases (not described in paragraph (1)) in which intermediaries or other devices are used for purposes of reducing the amount of the tax imposed by section 4161(a).