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Paints and Varnishes (HS 3213100000)

CN β†’ US
HS Code Tariff Rate Origin Destination Doc
3214100020 38.7% CN US Official Doc
3208100000 38.7% CN US Official Doc
3214905000 38.25% CN US Official Doc

AI Analysis

🎨 Paints and Varnishes (Paints and Varnishes, HS 3213.10.00.00)


🌐 HS Code Reference & Customs Clearance Guide | 2026 Latest Tariff Breakdown | Professional Classification Strategy
πŸ“Œ I. Product Definition: What Are You Really Shipping?

"Paints and Varnishes" is a broad category in international trade, but under HS Code 3213.10.00.00, we are specifically looking at Prepared Paints and Varnishes, Other Than Those of Heading 3214. However, the data provided suggests a nuanced interpretation where the user is seeking clarification on why specific types of paints, sealants, and fillers might be grouped or compared under similar chemical properties, leading to adjacent HS codes like 3214 and 3208.

⚠️ Key Distinction:
- 3213.10.00.00: Specifically refers to Enamels and Varnishes (preparations usually solvent-based or water-based for decorative/protective coating).
- 3214 Category: Refers to Prepared Paints, Varnishes, Sealants, Putty, and Other Putty-Like Materials.
- 3208 Category: Refers to Paints and Varnishes Based on Synthetic Polymers.

The provided data highlights that while the input is "Paints and Varnishes," customs classification depends heavily on material composition (polymer-based vs. pigment-based) and physical form (liquid, paste, putty).


πŸ“¦ II. HS Code Classification Details (2026 Latest Tariff Authority)

Based on the provided dataset, here are the relevant HS Codes and their specific classification logic:

HS Code Product Description Classification Logic / Summary Total Tax Rate
3213.10.00.00 Enamels and Varnishes (Standard Input) Implicit Reference: The query starts here. Typically, these are liquid coatings for decoration/protection. See Note 1
3214.10.00.20 Prepared Paints, Varnishes, Sealants, Putty Chemical Consistency: Classified as "Chemical Coatings." Material properties are consistent with Sealants/Putty. 38.7%
3208.10.00.00 Paints/Varnishes Based on Synthetic Polymers Same Major Class: Falls under the same broad category of "Paints and Varnishes." Material and usage are fully consistent. 38.7%
3214.90.50.00 Other Prepared Paints, Varnishes, etc. Coating/Filler Category: Classified under Coatings/Fillers. Material and usage are consistent with Paint Fillers and surface treatment agents. 38.25%

πŸ” Important Note:
- The dataset indicates that 3214 items are often grouped with "Paints and Varnishes" due to shared chemical coating properties.
- 3208 items are synthetic polymer-based paints, sharing the same major class as standard paints.
- 3213 (the original query) is distinct but often confused with 3214 if the product is a putty or sealant-like enamel.


πŸ’° III. 2026 Latest Tariff Rate Breakdown (Including Surcharges)

βœ… Applicable Country: United States (US)
βœ… Origin: China (CN)
βœ… Effective Date: 2025-11-10 onwards (Includes subsequent imports)

🎯 1. 3214.10.00.20 & 3208.10.00.00 β€” Chemical Coatings & Synthetic Paints

Item Content
Base Tariff Rate 3.7% (ad valorem)
Section 301 Surcharge +25.0% (USITC Footnote related to Chinese goods)
Section 122 Tariff +10.0% (Specific clause for chemical/coating materials)
Total Tax Rate 38.7%
Tax Calculation CIF Value Γ— 38.7%
De Minimis Eligibility ❌ Not Eligible (High tariff rate excludes small parcels from exemption)
Legal Basis Path HTSUS:3214.10.00.20 / HTSUS:3208.10.00.00 β†’ USITC:Section 301 β†’ IEEPA:Section 122

πŸ“Œ Explanation:
- Base 3.7%: Standard Most Favored Nation (MFN) rate for paints/varnishes.
- 301 Surcharge 25%: Standard punitive tariff on Chinese manufactured goods.
- Section 122 10%: Specific additional duty applied to certain chemical products, including coatings and sealants.
- Total 38.7%: This is a high-cost entry point. Accurate classification is critical to avoid overpayment or misdeclaration penalties.

🎯 2. 3214.90.50.00 β€” Other Prepared Paints & Fillers

Item Content
Base Tariff Rate 3.25% (ad valorem)
Section 301 Surcharge +25.0%
Section 122 Tariff +10.0%
Total Tax Rate 38.25%
Tax Calculation CIF Value Γ— 38.25%
De Minimis Eligibility ❌ Not Eligible
Legal Basis Path HTSUS:3214.90.50.00 β†’ USITC:Section 301 β†’ IEEPA:Section 122

πŸ“Œ Note:
- Slightly lower base rate (3.25%) compared to other categories, resulting in a 38.25% total rate.
- Applies to fillers, putties, and other surface treatment agents that are not specifically enamels or polymer-based paints.


πŸ› οΈ IV. Customs Clearance Practical Advice (Avoiding Pitfalls)

βœ… 1. Documentation Checklist (Non-negotiable)

Document Must Provide? Explanation
βœ… Material Safety Data Sheet (MSDS) βœ”οΈ Critical for chemical products. Proves composition (water-based vs. solvent-based).
βœ… Product Specification Sheet βœ”οΈ Details viscosity, drying time, polymer content, and intended use.
βœ… Invoice & Packing List βœ”οΈ Must clearly state "Prepared Paint," "Varnish," or "Sealant" β€” avoid vague terms like "Chemical Mixture."
βœ… Certificate of Origin βœ”οΈ Required for 301/122 tariff assessment.
βœ… Customs Declaration Statement βœ”οΈ Must match HS Code exactly (e.g., "Paints and Varnishes, Not Including Heading 3214" vs. "Putty").

βœ… 2. Classification Strategy (Key Mnemonics)

πŸ”₯ "Check Polymer Content, Check Physical Form!"

Scenario Correct HS Code Why?
Liquid Enamel/Varnish (Standard) 3213.10.00.00 (or 3208 if polymer-based) Standard decorative coating.
Putty, Filler, Sealant (Paste/Viscous) 3214.10.00.20 Classified under "Chemical Coatings" due to material consistency with sealants.
Synthetic Polymer Paint (Resin-based) 3208.10.00.00 Same major class as paints; fully consistent material/usage.
Surface Treatment Agent/Filler (Other) 3214.90.50.00 Fits "Coating/Filler" category; consistent with paint fillers.

βœ… 3. Special Cases

Situation Handling Advice
Water-Based vs. Solvent-Based MSDS is key. Solvent-based may trigger additional hazardous material fees.
OEM Custom Paints Provide color formula and polymer type to justify 3208 (synthetic) vs. 3214 (filler).
Small Sample Shipments Do NOT use De Minimis (800 USD). Rates are too high (38%+); brokers may reject or demand full formal entry.
Mixed Containers (Paint + Tools) Separate HS Codes. Paints go to 321x/320x; Brushes/Rollers go to 9603. Do not lump β€” it causes audit risks.

🌍 V. Global Market Comparison (2026)

Country/Region Recommended HS Code Tariff (China Origin) Certification Notes
πŸ‡ΊπŸ‡Έ USA 3214.10.00.20 / 3208.10.00.00 38.7% (Base 3.7% + 301 25% + 122 10%) FDA/CA Prop 65 (if applicable) High barrier due to Section 122 & 301.
πŸ‡¨πŸ‡³ China 3214.10.00.20 ~5-13% (Import Duty) CCC (if regulated) Lower tariffs, different classification.
πŸ‡ͺπŸ‡Ί EU 3208.10.00.00 ~6.5% REACH Compliance No 301/122 surcharges; REACH registration required.
πŸ‡¬πŸ‡§ UK 3214.10.00.00 ~6.5% UK REACH Post-Brexit alignment with EU standards.

πŸ“Œ Conclusion:
- The US market is the most expensive for Chinese-made paints/coatings due to Section 301 (25%) + Section 122 (10%) surcharges on top of base tariffs.
- EU/UK require REACH/UK REACH chemical registration, which is a major compliance hurdle but has lower tariffs.
- China origin significantly impacts US duty rates; consider Third-Country Transshipment (with caution regarding rules of origin) or Supplier Diversification.


πŸ“Œ VI. Common Errors & Pitfalls (Lessons Learned)

❌ Error 1: Declaring "Sealant" as "Paint" without specifying 3214 vs 3213.
πŸ‘‰ Consequence: Incorrect tariff rate (e.g., using 3213 base rate if 3214 is required) β†’ Penalty & Re-inspection.

❌ Error 2: Ignoring Section 122 (10%) for chemical coatings.
πŸ‘‰ Consequence: Underpayment of 10% on CIF value β†’ Back taxes + Interest.

❌ Error 3: Lumping "Paint" with "Paintbrushes" in one HS Code.
πŸ‘‰ Consequence: Customs may reject the entry or assign the highest duty rate to the whole shipment β†’ Delays.

❌ Error 4: Using vague descriptions like "Liquid Chemical."
πŸ‘‰ Consequence: High risk of customs audit and duty reassessment.

βœ… Correct Declaration Example:

"Prepared Enamel Paint, Solvent-Based, Synthetic Polymer Resin, for Automotive Use, Model XYZ, MSDS Provided, HS 3208.10.00.00"


🎯 VII. Conclusion: Precision Saves Money!

🎯 Remember the Formula:

πŸ”Ή "Polymer Base = 3208 (38.7%)"
πŸ”Ή "Putty/Sealant = 3214 (38.7% or 38.25%)"
πŸ”Ή "Base 3.7% + 301 25% + 122 10% = ~38.7%"
πŸ”Ή "De Minimis = 0% for Small Values? NO! High duties block it."

πŸ“Œ Pro Tip:
- If your product is water-based acrylic, ensure it falls under 3208 (Synthetic Polymers) for clarity.
- If it is a putty or filler, declare as 3214.
- Always provide MSDS to prove composition.
- Consider tariff engineering: Can you modify the formulation slightly to shift from 3214 (38.7%) to a lower-rate category? (Consult a specialist).


πŸ“£ Immediate Action:

πŸ“ž Contact a Licensed Customs Broker + Provide MSDS + Request Pre-Ruling
πŸš€ Avoid 38.7% Surprise!
πŸ’Ό Your Chemical Cargo Demands Precision!


✨ Smart Classification, Smarter Savings!
πŸ’Ό Every Percent Counts in Chemical Trade!

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About HS Code Classification

The Harmonized System (HS) is an internationally standardized nomenclature developed by the World Customs Organization (WCO) to classify traded products. Over 200 countries use the HS system as the basis for customs tariffs, trade statistics, and import/export regulations.

Each HS code follows a hierarchical structure:

  • Chapter (2 digits) β€” Broad category of goods (e.g., Chapter 84: Machinery and Mechanical Appliances)
  • Heading (4 digits) β€” More specific grouping within the chapter
  • Subheading (6 digits) β€” Internationally standardized breakdown, used by all WCO member countries
  • National subdivisions (8-10 digits) β€” Country-specific extensions for further classification, such as US HTSUS 10-digit codes

Correct HS code classification is essential for smooth customs clearance, accurate duty payment, and compliance with trade regulations. Misclassification can lead to customs delays, overpayment of duties, or penalties.

When importing from CN to US, the applicable tariff rates may include:

  • Most-Favored-Nation (MFN) rate β€” The standard duty rate applied to WTO members
  • General rate β€” Applied to countries without trade agreements
  • Trade remedy duties β€” Additional tariffs such as Section 301 (anti-dumping), Section 232 (national security), or countervailing duties

The information provided on this page is for reference purposes only. For official classification, please consult with your local customs authority or a licensed customs broker.