3208 90 190 9 — Paints and varnishes (including enamels and lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium; solutions as defined in note 4 to this chapter: other: solutions as defined in note 4 to this chapter: other: other

3208 Paints and varnishes (including enamels and polytures) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium; solutions specified in note 4 to this chapter: 3208 10 - based on polyesters 3208 20 - based on acrylic or vinyl polymers 3208 90 - other

Paints of this heading are dispersions of an insoluble coloring substance (mainly mineral or organic pigments or colored varnishes) or metal flakes or powders in a carrier consisting of a binder material dispersed or dissolved in a non-aqueous medium. The binder, which is a film-forming material, consists of synthetic polymers (such as phenol-aldehyde resins, aminosmoles, thermo-hardening or other acrylic polymers, alkydes or other complex polyesters, vinyl polymers, silicones, epoxy resins and synthetic rubber) or chemically modified natural polymers (such as chemical derivatives of cellulose or natural rubber). For special purposes, various amounts of other products can be introduced into the carrier, such as siccatives (mainly based on compounds of cobalt, manganese, lead or zinc), thickeners (aluminum soaps and zinc soaps), surfactants, diluents or fillers (barium sulfate, calcium carbonate, talc, etc.) and substances that prevent the formation of a surface film or skin during the storage of paint in containers (for example, butanone oxime). In organodilutable paints, the solvent and diluent are volatile liquids (such as white spirit, toluene, turpentine, wood or sulphate turpentine, mixtures of synthetic solvents, etc.) added to dissolve the solid binder and provide the paint with proper fluidity and consistency in order to facilitate its application. When the carrier is a lacquer, the paint is called enamel; drying produces a particularly smooth hard film, which can be shiny or matte. The recipe of paints and enamels diluted with solvents depends on the specific application for which they are intended, and such products usually contain several pigments and several binders. They form after drying an unsticky opaque colored film, glossy or matte, on the surface on which they were applied. (b) The LAKES (INCLUDING POLITURES) and the polishes of this heading are liquid means for the protection or decoration of surfaces. They are based on synthetic polymers (including synthetic rubber) or chemically modified natural polymers (such as cellulose nitrate or other cellulose derivatives, novolacs or other phenolic-aldehyde resins, aminosins, silicones, etc.) with the addition of solvents and diluents. They form a dry, water-insoluble, relatively hard, more or less transparent or translucent, smooth, solid film, which can be glossy, matte or velvety.

They may be coloured by the addition of colouring matter soluble in the composition. (In paints and enamels the colouring matter is called a "pigment" and it is insoluble in the medium – see paragraph (A) above.) The most common methods of applying paints, varnishes and polishes are by brush or paint roller. The main industrial methods of applying coatings are spraying, dip coating and machine coating. This heading also covers: (1) Varnishes to be diluted immediately before use. They consist of a resin dissolved in a small quantity of solvent and of ingredients such as anti-skinning agents and certain thixotropic or siccative additives, which render them suitable for use only as varnishes. These varnishes, in which the secondary ingredients are also in solution, can be distinguished from the solutions referred to in Note 4 to this Chapter on the basis of the differences in the chemical nature of their respective secondary ingredients and the attendant differences in the functions performed by these ingredients in the two types of solution. (2) Radiation-curing varnishes, consisting of oligomers (e.g., polymers containing 2, 3 or 4 monomer units) and cross-linking monomers in volatile solvents, whether or not containing photoinitiators. The varnishes are cured by the action of ultraviolet light, infrared light, X-rays, electron beams or other radiation, forming cross-linked, solvent-insoluble network structures (a hard, dry film). Products of this type are not classified in this heading unless they are clearly identified for use solely as varnishes. Similar products used as photographic emulsions fall in heading 3707. (3) Varnishes consisting of solutions of polymers described in paragraph (C) below, i.e., products of headings 3901 – 3913, irrespective of the weight of the solvent, containing added substances other than those necessary for the manufacture of the products of headings 3901 – 3913, such as anti-skinning agents and certain thixotropic or siccative additives, which render these solutions suitable for use only as varnishes. Solutions covered by Note 4 to this Chapter are excluded (see paragraph (C) below). (C) SOLUTIONS AS DEFINED IN NOTE 4 TO CHAPTER 32 In accordance with Note 4 to this Chapter, solutions (other than collodions) of the following compositions are classified in this heading: – one or more of the products of headings 3901 – 3913 and any soluble ingredients necessary for the manufacture of these products, such as accelerators, retarders, cross-linking agents (thus excluding soluble ingredients such as colouring matter, and insoluble ingredients such as fillers or pigments, as well as all products which could fall in these headings by application of other provisions of the Nomenclature), in volatile organic solvents, when the weight of the solvent exceeds 50% of the weight of the solution; – one or more of the above products and a plasticiser in volatile organic solvents, when the weight of the solvent exceeds 50% of the weight of the solution. Such solutions fall in Chapter 39 if the weight of the volatile organic solvent does not exceed 50% of the weight of the solution.

The term "volatile organic solvents" also covers solvents with a relatively high boiling point, e.g., turpentine. Adhesives of a composition similar to that of the preparations described in paragraph (B) above, or adhesives put up for retail sale with a net weight not exceeding 1 kg, are excluded (heading 3506). The heading also excludes: (a) preparations for surfacing walls, floors, etc., based on plastics with the addition of a considerable quantity of fillers, which, like traditional mastics, are applied with a spatula, trowel, etc. (heading 3214); (b) printing ink which, although of a qualitative composition similar to that of paints, is unsuitable for use as paint (heading 3215); (c) varnishes of the nail varnish type, put up in the forms described in the Explanatory Note to heading 3304; (d) correction fluids consisting mainly of pigments, binders and solvents, put up in packings for retail sale, used for correcting errors or other unwanted marks in typescripts, manuscripts, photocopies, offset prints or the like, and cellulose varnishes put up in packings for retail sale as preparations for correcting errors on stencils (heading 3824); (e) collodions, irrespective of the proportion of solvent (heading 3912).

Notes

Machine translation. The original is the Russian text of the EAEU tariff, and customs goes by it; this translation is for understanding only and has no legal force.

1. This group does not include:

(a) individual elements or compounds of a specified chemical composition (other than products of heading 3203 or 3204, inorganic products used as phosphors (heading 3206), glass obtained from fused quartz or other fused silica in the forms specified in heading 3207, and dyes and other dyes packaged in molds or packaging for retail sale, heading 3212);

(b) Tannats or other tannin derivatives of headings 2936 to 2939, 2941 or 3501 to 3504; or

(c) Mastics of asphalt or other bitumen mastics (heading 2715).

2. Heading 3204 covers mixtures of stabilized diazonium salts and components for producing azo dyes.

3. Headings 3203 to 3206 also cover products made of colouring substances (including, in the case of heading 3206, colouring pigments of heading 2530 or of Chapter 28, metal flakes or metal powders) used for dyeing any material or as components in the manufacture of colouring agents. These headings do not, however, cover pigments dispersed in non-aqueous media, liquid or pasty, used in the manufacture of paints, including enamel (heading 3212), or other products of headings 3207 to 3210, 3212, 3213 and 3215.

4. Heading 3208 covers solutions (other than collodes) consisting of any products of headings 3901 to 3913 in volatile organic solvents where the solvent content exceeds 50% by weight of the solution.

5. The term “coloring substance” in this chapter does not refer to products used as fillers of oil paints, whether or not suitable for adhesive paints.

6. The term "embossing foil" in heading 3212 means only thin sheet materials used for imprinting, for example, on book covers or hat ribbons, and consisting of:

(a) metal powder (including precious metal powder) or pigment agglomerated with glue, gelatin or other binder; or

(b) metal (including precious metal) or pigment applied to a sheet substrate of any material.