3210 00 900 9 — Other paints and varnishes (including enamels, lacquers and distempers); prepared water pigments of a kind used for finishing leather: other: other

3210 Other paints and varnishes (including enamel, polytures and adhesive paints); finished water pigments used for skin finishing

(A) Paints (including enamel) of this heading include: (1) Drying oils (e.g. flaxseed oil), modified or unmodified, or natural resins, e spiced or dissolved in an aqueous or non-aqueous medium with the addition of pigment. (2) Any liquid binder (including synthetic or chemically modified natural polymers) containing hardener and pigments but not containing any solvent or other medium. (3) Rubber (other than synthetic rubber) as a base for paints, dispersed or dissolved in a non-aqueous medium or dispersed in an aqueous medium with the addition of pigment. Paints of this type are applied in a thin layer to obtain a flexible coating. (B) LAKI (INCLUDING POLITURES) The varnishes of this heading include (1) Oil varnishes in which the film-forming agent is a drying oil (e.g., flaxseed oil) or a mixture of drying oil with crude shellac, natural gums or resins. (2) Lacquers and polishes based on crude shellac, natural gums or resins, consisting mainly of solutions or dispersions of crude shellac, with native gums or resins (shellac, copal, roanifol, dammar resin, etc.) in spireta (alcoholic varnish), turpentine of live, wood or sulphate turpent, white spirit, acetone, etc. (3) on the basis of bituma, "lacake", or similar products ("pea polish"). (For the difference between lacami on the basis of bitumen, etc., and certain mixtures of heading 2715 see paragraph (e) of the exceptions to this heading.) (4) Liquid varnishes, not containing a solvent, which may consist of: (a) liquid plastics (usually epoxy resins or polyurethanes) and a film forming agent, in this case called a hardener. For certain varnishes, the hardener should be introduced at the time of use, in which case both of these components are contained in separate container packages. These containers can be brought together in a single package; (b) a single resin, the formation of the film at the time of application of the varnish does not depend on the introduction of the hardener, but on the action of heat or atmospheric moisture; or (c) oligomers (that is, polymers consisting of two, three or four monomer units) and crosslinking monomers, with or without photoinitiators. These varnishes solidify under the influence of ultraviolet light, infrared light, X-rays, electron rays or other radiation to form mesh, insoluble structures in solvents (solid, dry film). The products described in this paragraph are not included in this heading unless expressly indicated to be used solely as varnishes. When this condition is not met, the products described in (a) and (b) above are classified in Chapter 39. Products similar to those described in subparagraph (c) and products used as photographic emulsions are classified in heading 3707.

(5) Varnishes and lacquers based on rubber (other than synthetic rubber), dispersed or dissolved in non-aqueous media or dispersed in an aqueous medium, possibly with the addition of a colouring matter soluble in the binder. Varnishes answering to this description must contain other ingredients which render them suitable for use exclusively as varnishes. Where this condition is not fulfilled, these products generally fall in Chapter 40. (C) DISTEMPERS (INCLUDING WHITENING FOR CLEANING SHOES) AND PREPARED WATER PIGMENTS OF A KIND USED FOR FINISHING LEATHER (1) Distempers consist mainly of a colouring pigment or of mineral substances (e.g., finely divided chalk) with a certain quantity, usually very small, of binders such as size or casein. Fillers, insecticides or antiseptics are added to certain types of distempers. Distempers include gelatinous whites, casein distempers and silicate distempers. They are usually in the form of powder, but may also be in the form of pastes or emulsions. (2) Whitening for cleaning shoes consists of finely divided chalk agglomerated into tablets with a binder (e.g., dextrin or size). It is a variety of distemper. It may also be in the form of a paste or a dispersion. (3) Prepared water pigments of a kind used for finishing leather are preparations similar to ordinary distempers, consisting of mixtures of mineral or organic pigments and certain quantities of binders (caseinates). They are in the form of powders or pastes, or of aqueous dispersions, and sometimes include preparations which impart a gloss to leather. The heading further excludes: (a) Preparations for surfacing walls, floors, etc., based on plastics or rubber with a considerable addition of fillers, which, like traditional mastics, are applied by spatula, trowel, etc. (heading 3214); (b) Printing ink, which, although its qualitative composition is similar to that of paints, is unsuitable for use as paint (heading 3215); (c) Powder coatings, consisting mainly of plastics and containing additives and pigments, which are applied to objects under the action of heat, with or without the use of static electricity (Chapter 39).

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.