- Written by: Deng Liangjian, Wang Haiqing, Wen Xinke, Xiao Qian
(Guangzhou Customs Technology Center)
Summary:This document provides a comprehensive overview and systematic analysis of relevant national standards and import regulations for coatings, combining the practical experience of the Guangzhou Customs Technology Center's specialized testing laboratory for imported coatings. It details the Chinese coating mandatory standards system, mandatory standards testing techniques, and some existing issues in the import inspection and supervision of coatings. It also proposes suggestions for further improving the mandatory standards system for coatings and countermeasures for strengthening and improving the import inspection and supervision of coatings. This aims to strictly adhere to the quality and safety bottom line at the national border, prevent high-pollution and high-environmental risk coatings from entering the Chinese market, protect China's natural ecology and living environment, and better promote the fair, healthy, and sustainable development of the Chinese coating industry, providing a solid foundation for China's comprehensive pollution prevention and control efforts.
Keywords:- imported paints; mandatory national standards; standard regulations; inspection and supervision
Research on Standard Regulations and Inspection Supervision of imported Coatings
Deng Liangjian, Wang Haizhen, Wen Xinkai, Xiao Qian
(Guangzhou Customs Technology Center)
Abstract: This paper comprehensively combs and systematically analyzes the relevant national standards and laws and regulations pertaining to imported coatings. based on the practice of the special testing laboratory for imported coatings at Guangzhou Customs Technology Center, this paper analyzes in detail some problems existing in the mandatory standard system, mandatory standard testing technology, and inspection and supervision of imported coatings. At the same time, suggestions are put forward for further improving the mandatory standard system of coatings and measures for strengthening and improving the inspection and supervision of imported coatings. We should strictly adhere to the national quality and safety bottom line, and coatings with high pollution and high environmental risks should be prevented from entering the Chinese market, and the natural ecology and living environment of China should be protected, so as to better promote the fair, healthy, and sustainable development of China's coating industry, which provide solid support for China to win the battle of pollution prevention and control.
Keywords: imported coatings; mandatory national standards; standards and regulations; inspection and supervision
0 Introduction
The development of standard regulations has become an important technical means to ensure people's health, life and property safety, maintain economic sustainable development, and promote industrial upgrading. The quality and safety of imported paint products are crucial for the health and safety of the Chinese people and environmental protection, and have significant implications for the fair, healthy, and sustainable development of the Chinese paint market. This article provides a detailed analysis and research of the standard regulations and inspection and supervision of imported paints in China, and proposes some recommendations and countermeasures.
1 Mandatory standards and regulations for coatings, and regulations for imported coatings.
1.1 Mandatory standards related to coatings
Currently, relevant departments and enterprises in China have established a series of standards related to coatings, including industry standards, recommended standards, and mandatory standards. Table 1 lists the mandatory standards related to coatings.
1.2 Relevant Standards and Regulations for imported Coatings
1.2.1 Main regulatory basis for the inspection and supervision of imported paints
(1) The provisions of Customs General Administration Announcement No. 238 and No. 240, "Provisions for the Supervision and Management of imported Paint Inspection," and its attachments.
(2)《Regulations on the Safety Management of Hazardous Chemicals》(Government Decree No. 591).
(3) Announcement No. 129 of the General Customs Administration (2020) Regarding the import and Export of Dangerous Chemicals and
(Announcement regarding packaging, inspection, and regulatory issues)
1.2.2 October 26, 2018, the "Air Pollution Prevention and Control Law (Second Amendment)"
Article 44: For raw materials and products containing volatile organic compounds (VOCs) that are produced, imported, and sold, the VOC content shall comply with the relevant quality standards or requirements.
Article 104(ii) For raw materials and products with volatile organic matter content that does not comply with the quality standards or requirements, the customs authorities shall order the relevant parties to rectify the situation, confiscate the raw materials, products, and illicit gains, and impose a fine of more than three times the declared value. If the violation constitutes smuggling, the customs authorities shall impose the appropriate penalties in accordance with the law.
1.3 《Standardization Law》
Article 25: Products and services that do not comply with mandatory standards shall not be manufactured, sold, imported, or provided.
Article 36: If the production, sale, or import of products or the provision of services does not comply with mandatory standards, or if the products or services produced by the enterprise do not meet the technical requirements specified in its public standards, the enterprise shall be liable for civil damages in accordance with the law.
Article 37: If the production, sale, import of products, or provision of services does not comply with mandatory standards, it will be investigated and penalized in accordance with the provisions of the "Product Quality Law of the People's Republic of China," the "import and Export Commodity Inspection Law of the People's Republic of China," and the "Consumer Rights Protection Law of the People's Republic of China," as well as other relevant laws and regulations. The relevant records will be added to the credit records, and the individuals or entities involved will be publicly disclosed in accordance with relevant laws and regulations. If the violation constitutes a crime, criminal responsibility will be imposed in accordance with the law.
1.4 Announcement No. 4 of the General Customs Administration for 2015, "Announcement on the Collection of Consumption Tax on imported Batteries and Coatings"
According to the announcement, imported paints with a volatile organic compound (VOC) content of less than 420 grams per liter (inclusive) are exempt from import consumption tax when used in construction.
Furthermore, the relevant content in the "2020 Action Plan for VOCs Control" stipulates: strictly implement national and local VOCs content standards.
2. Problems with existing mandatory coating standards
With further updates and refinements to relevant mandatory standards for coatings by Chinese authorities, mandatory standards for limiting harmful substances in coatings essentially cover most coating products. However, some issues still need to be addressed, including technical aspects related to standard testing and the scope of applicability of coating product standards.
2.1 Issues with Technical Standards and Regulations
With the rapid development of the coatings industry, new types of coatings are constantly emerging. However, the current mandatory standards for limiting harmful substances in coatings do not cover all coating products, and some coating products still lack relevant standards. For example, wood wax, which is widely used in areas such as wooden furniture, is a new type of environmentally friendly coating [1]. Some products contain toxic heavy metal substances due to low-cost catalysts and raw materials [2], resulting in poor environmental performance. A brand of wood wax imported from Germany by a certain importer was inspected by the Guangzhou Customs Technology Center according to GB18581-2008, and its "VOC content" reached 505g/L. In addition, the "free formaldehyde content" measured according to GB/T23993-2009 reached 197mg/kg. This demonstrates that the content of harmful substances in some wood wax products is relatively high.
Regarding aerosol spray paints, such as wood paints, automotive paints, and glass curtain wall paints, there are currently no standards for testing this type of coating, making it impossible to effectively control the toxic and harmful substances. Road and traffic sign paints, as well as aviation paints (excluding military and rocket applications), do not have related requirements for limiting harmful substances. However, the toxic and harmful substances produced by solvent-based and hot-melt road traffic marking paints have a significant impact on personnel and the environment. There is a lack of standards, specifications, or methods for identifying whether imported products labeled as powder coatings fall under solid waste, as discussed by Hao Yaqiong et al. [3] in their research on establishing methods for identifying solid waste in imported powder coatings. importers are unclear about the scope of applicable product standards, such as whether industrial paints for leather, plastic running tracks, and latex glove surface coatings are included in the requirements of GB30981-2020. This leads to businesses or importers being unable to effectively comply with the limits of harmful substances specified in the standards.
GB/T2705-2003《Classification and Naming of Coating Products》Method 1 classifies coating products into architectural coatings, industrial coatings, and general coatings and auxiliary materials. General coatings and auxiliary materials typically include strippers, diluents, and accelerators. During construction, some diluents and accelerators are often added artificially. These additional solvents and additives can harm the environment and people. Chen Junshu et al. [4] pointed out that general coatings and auxiliary materials closely related to indoor architecture do not have mandatory national standards. With the implementation of 6 new mandatory national standards for coatings, coating products closely related to humans and living environments have been largely covered. However, there are no mandatory national standards for diluents and other auxiliary materials, which lack regulations on the limited quantities of their highly toxic components.
GB50325-2020 only specifies limited requirements for free formaldehyde in water-based paints. It also sets limits for free formaldehyde in other water-based paints and water-based putties used in residential building projects, specifying a maximum of 100mg/kg. In contrast, GB18582-2020 specifies a maximum of 50mg/kg for free formaldehyde in water-based wall paints and water-based wall putties. The solvent-based paints and polyurethane putties specified in GB50325-2020's sections 3.3.3 and 3.3.4 for residential building projects only limit VOC, benzene, toluene, xylene, and ethylbenzene. Sections 3.3.5 for polyurethane paints and wood polyurethane putties only limit VOC, benzene, toluene, xylene, ethylbenzene, and free diisocyanates. These requirements differ from those in GB18582-2020, GB18581-2020, and GB30981-2020, and GB30981-2020 does not specify any control or limits for polyurethane paints used in buildings. Additionally, GB18582-2020's section 9.1 explicitly states that solvent-based wall paints used in building projects are not allowed to be used on-site after the implementation of this standard, and GB18581-2020's section 9.1 explicitly states that nitro-based solvent-based wood coatings are not allowed to be used in indoor decoration after the implementation of this standard. GB50325-2020's section 3.3.2 specifies limits for harmful substances in solvent-based paints and solvent-based putties for residential building projects, indicating that GB50325-2020 allows the use of solvent-based paints and putties that are prohibited under GB18582-2020 and GB18581-2020.
The standards GB38468-2019 and GB38469-2019 are earlier than GB18582-2020, GB18581-2020, GB30981-2020, and GB24409-2020, therefore, they do not include the "total lead (Pb) content" and maintain the requirement for "soluble heavy metal lead (Pb)". Additionally, several testing methods in GB38469-2019 are based on the appendices of GB24408-2008 and GB30981-2014, but these two standards have been superseded. Therefore, the descriptions of the testing methods in GB38469-2019 should be updated. Furthermore, the mandatory standards do not have a unified and explicit specification for the testing conditions adopted from GB/T1725-2007. The "Announcement on the Collection of Consumption Tax on Battery and Paint" does not provide a clear specification for the detection methods of VOCs in paint, which leads to significant differences in the calculation results when using different detection methods or different calculation methods for the same method. The suggestions in Guo Zhongbao et al.'s "[Analysis of the Current Situation of VOC Detection Methods in Paint and Suggestions on VOC Detection Related to Consumption Tax on Paint]" are accurate and worth adopting. However, the calculation methods used in the standards (such as GB/T23984-2009, GB/T23985-2009, etc.) should also be further refined and uniformly specified. As Zhou Xiangling detailed in her comparison of water-based paint VOC testing methods and calculation methods in national standards, and as Wan Xueqi discussed the VOC content measurement methods for three types of paints, it should be adopted a method with unified regulations for better execution of the announcement by relevant departments.
2.2 Issues related to detection technology
The testing methods for mandatory standards are often lagging behind, for example, some decorative paints and putties used for interior and exterior decoration imported from abroad. These products often contain a high concentration of sand particles with varying sizes, making it difficult to prepare representative samples for testing, especially when testing for formaldehyde and other VOCs. The small sample size and difficulty in dispersing the samples make it challenging to obtain representative samples. When testing for formaldehyde, some paint samples exhibit boiling over during distillation, producing a large amount of foam, which prevents the distillation process from being completed. Shen Wenjie et al. [8] have studied the phenomenon of boiling over in the distillation of adhesives and coatings in their paper "Research on Boiling Over Phenomenon in the Distillation of Adhesives and Coatings." However, a more systematic and comprehensive study has not been reported, and this phenomenon has not been effectively resolved. In addition, the distillation process often results in the distillate carrying fine particles, which affects the accuracy of the spectrophotometer, leading to large experimental errors. According to Sun Ying et al. [9] in "Exploring Problems in the Acetone Method for Measuring Free Formaldehyde in Water-based Paints," high, low, or excessively long distillation temperatures all affect the measurement of formaldehyde.
According to mandatory standards, when determining the mixing ratio after construction, the sampling time after mixing has little impact on the experimental test results when the mixing ratio is a diluent. However, for samples with hardeners or curing agents, the sampling time after the mixing ratio is completed by the personnel significantly affects the experimental test results, and in some cases, the samples may undergo a curing reaction within a short period before they are fully mixed, making it impossible to conduct experiments. Further optimization is required for detecting the content of harmful substances in such samples.
3. Issues Identified During Inspection and Supervision
3.1 Non-compliance with standard regulations
Currently, the regulatory oversight of imported coatings primarily relies on technical standards and regulations that specify mandatory national standards for harmful substances in coatings. However, standards such as GB12441-2018, GB14907-2018, GB28375-2012, GB28374-2012, and GB19457-2009 are not included in the scope of inspection and regulation, leading to a failure to ensure that the quality and performance of these imported coatings meet the requirements of mandatory national standards in China. This also violates the requirements of laws and regulations such as the Standardization Law.
3.2 Scope of Inspection and Supervision
The scope of import coating registration covers products listed under item 3208 and 3209 of the "Product Name and Code Coordination System," but other paints and varnishes with HS codes 3210, 3214, and 3816 are not subject to inspection and regulation. For example, imported coating products, such as roofing waterproof coatings containing components like asphalt, high-strength fibers, mineral powders, and seaweed fossils, have basic components and usage methods that align with asphalt coatings and varnishes (item 5) under HS code 3210. Non-fire-resistant wall coatings fall under item 3214, and so on. However, China's mandatory standards for coatings specify clear limits for harmful substances in these coatings. For example, building wall waterproof coatings must comply with GB18582-2020.
3.3 Contents of Inspection and Supervision
The primary regulatory focus for imported paints involves record filings and port inspections, primarily concerning the levels of hazardous substances within the paint. Regarding mandatory requirements for packaging labeling, the regulations require that the packaging or product specifications clearly indicate the application method and mixing ratio for the paint's intended use, that the packaging or product specifications clearly identify the classification and product type according to this standard, and that the paint contains hazard labeling for biocides. Furthermore, the regulations do not require that inspection and regulatory agencies verify whether the declared use of the paint matches the actual use of the imported paint.
3.4 Inadequate inspection and supervision measures
Currently, imported paint products still lack mandatory standards regarding harmful substance limits within paint, leading to vulnerabilities in inspection and regulation, posing significant quality and safety risks. Furthermore, most imported paints are handled by inspection and customs agencies, including importing companies, which have a lack of clarity regarding national technical standards and regulations. They are unfamiliar with the specific requirements in mandatory standards, the types of imported paint products, and the corresponding standards. This creates difficulties for the registration agencies when processing import registrations for paint. Additionally, the declared uses are solely based on company applications, and the inspection and regulatory departments have blind spots in both inspection and subsequent monitoring. Law enforcement agencies have not effectively enforced strict oversight.
4. Recommendations and Countermeasures
4.1 Expedite the revision of standards and improve the standards system.
(1) The lifespan of coating products is short, and technological standards must be leading to maintain market competitiveness. Relevant government departments should closely follow the development trends of coating products and promptly address the increasing number of new coating products, particularly conducting comprehensive and in-depth research on coating product classification, applicable standards, and detection methods, and establishing specific regulations for controlling harmful substances in various types of coating products. For coating products that lack established standards, a corresponding mandatory standard for limiting harmful substances should be developed, such as leather coatings, ceramic coatings, wood paints, and automotive paints. These coating products have close contact with humans, so strict control should be applied to harmful substances such as formaldehyde, heavy metals, VOCs, and halogenated hydrocarbons.
(2) Promptly update and revise standards. GB18582-2020 has added that biocides in products must be marked according to the requirements of GB15258. Some coatings with antifungal, antibacterial, and anti-algae properties utilize compounds such as thiazolinone derivatives, which are biocides that can harm human health. With the implementation of GB/T37363.1-2019, GB/T37363.2-2019, GB/T37363.3-2019, and GB/T37363.4-2019, technical basis for testing the content of biocides in coatings has been established. This will provide strong technical support for the revision of GB18582-2020 and other mandatory standards.
(3) Furthermore, diluents and additives are commonly used in the application of coatings. However, these diluents or additives often contain components such as benzene, toluene, xylene, nitrobenzene, glycol ethers and esters, methanol, phenol, and halogenated hydrocarbons. Highly toxic diluents can have a significant impact on human health and the environment during use. According to the "Comprehensive Management Plan for Volatile Organic Compounds in Key Industries," high-toxicity solvents, such as precursors to ozone (O3), precursors to PM2.5, malodorous substances, and highly toxic substances, should be subject to control and limitations. In accordance with the requirements for hazardous substances in mandatory coating standards, such as benzene, formaldehyde, vinyl chloride, trichloroethylene, acrylonitrile, acrylamide, ethylene oxide, 1,2-dichloroethane, and isocyanates, the use of highly polluting and toxic substances in coating diluents and additives should be strictly controlled.
(4) According to the "Comprehensive List of Environmental Protection (2017 Edition)," paint products with serial numbers 484-530 have some mandatory standards for limiting harmful substances, but products such as lead-containing road marking paints, nitro paints for leather or textiles with high VOC content, and fluorescent paints containing radioactive substances currently lack mandatory standards. For "high-pollution, high-environmental risk" paint products, it is necessary to promptly develop and implement relevant standards and regulations to encourage enterprises to transition to green practices.
4.2 Strengthen import Paint Inspection and Supervision
The second revision of the "Regulations for the Examination and Supervision of imported Coatings" by the General Customs Administration has not been updated for a considerable period. Given the increasingly stringent national environmental requirements, relevant departments have issued or revised multiple mandatory standards for coatings. Therefore, the import coating supervision department of the General Customs Administration should update the relevant regulations in accordance with the laws and regulations issued by these departments to adapt to the national direction of the coatings industry.
For the newly revised standards, the import paint registration form should be completed in an orderly manner before and after the official implementation of the new standards. The import paint inspection and supervision authorities should promptly adjust and update the relevant sampling specifications for the products to meet the requirements of the new mandatory national standards. The content of inspection and supervision should also be further improved. For example, the import paint registration form should, on the basis of the existing form, indicate the appearance of the imported paint and clearly specify the intended use of the paint. According to the intended use specified in the import paint registration application form, it should be clearly indicated in the special inspection report and the application form. In addition, it should comply with the requirements of the mandatory standards by labeling, packaging, and storage information on the product packaging, so that the supervision authorities can determine the limit indicators of harmful substances in the paint products. In addition to the mandatory standards for the limit of harmful substances in imported paints, effective supervision should also be carried out on other paints that comply with the mandatory standards, including GB12441-2018, GB14907-2018, GB28375-2012, GB28374-2012, and GB5369-2008. In addition, supervision should be carried out on paint products that fall under HS codes 3208 and 3209 but are within the scope of mandatory national standards in China. Therefore, the "Provisions for the Supervision and Management of import of Paints" should be promptly revised to prevent non-compliant paints from entering the Chinese market.
When importing paints for multiple applications, they must comply with the strictest limits specified in all applicable mandatory standards. Under multiple mandatory standards, the same mandatory item should only be tested once. For example, GB50325-2010 and GB18582-2020 must both be complied with to meet the strictest requirements of Chinese mandatory standards. Paints for food contact applications, such as beverage cans, food cans, and non-stick cookware, must comply with GB30981-2020 in addition to meeting the new standard GB4806.10-2016.
4.3 Enhance regulatory systems and enforcement capabilities.
Coating is a specialized and technically demanding field. It is essential to strengthen the training of enforcement personnel and specialized testing institutions, including content on coating composition, classification, terminology, and standards. This will enhance the ability of enforcement personnel to regulate coatings and the detection capabilities of personnel at specialized testing institutions. In addition, relevant coating knowledge and standards should be disseminated through public channels, such as media, to increase importers' understanding of coatings.
As a mandatory standard, importing paint products that do not comply with China's mandatory standards is considered an illegal act. Customs regulatory departments should improve the paint supervision system and strictly enforce relevant laws and regulations, such as the Law on the Prevention and Control of Air Pollution and the Standardization Law. For importers who repeatedly import paint products that do not comply with China's mandatory standards, customs regulatory departments should increase penalties according to relevant laws and regulations, ensuring the quality and safety of imported paints.
Customs authorities should, while strengthening the supervision and inspection of imported paints, establish a national unified database for imported paints, establish a traceability mechanism for imported paints, and enhance communication and coordination among relevant regulatory departments, including tracking the use and flow of imported paints, to ensure that imported paints meet relevant Chinese standards and regulations.
5. Conclusion
General Secretary Xi Jinping emphasized that standards promote innovation and development, and standards guide progress. The import of paints must strictly implement China's mandatory standards and related laws and regulations for paint products, and thoroughly implement the requirements of national laws, regulations, and policies for the paint industry, in order to effectively safeguard the health of the Chinese people and ecological protection, which is of great strategic significance for maintaining the fair, healthy, and sustainable development of China's paint industry.
References
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Article published in "Guangdong Chemical" Magazine, 9th issue, 2021.