The tariff classification of a men’s jacket from China.

NY E80858 May 10, 1999 CLA-2-39:RR:NC:3:353 E80858 CATEGORY: Classification TARIFF NO.: 3926.20.9050 Mr. Michael Pipitone John F. Kilroy Co., Inc. JFK Int’l. Airport Cargro Bldg. 80, Suite 227 Jamaica, NY 11430-1718 RE: The tariff classification of a men’s jacket from China. Dear Mr. Pipitone: In your letter dated April 16, 1999, on behalf of W.H. Clothiers Inc., you requested a tariff classification ruling. The submitted sample style 3278 is a men’s jacket whose outer shell is made of a knit fabric, coated or covered on the outer surface with a cellular plastic material. The garment features a full front zippered snap flap closure, an inner drawcord closure and pocket, two slash pockets below the waist, a collar and a detachable collar of faux fur. Chapter 59 note 2(a)(5), states that: 2. Heading 5903 applies to: (a) Textile fabrics, impregnated, coated, covered or laminated with plastics, whatever the weight per square meter and whatever the nature of the plastic material (compact or cellular), other than: (5) Plates, sheets or strip of cellular plastics, combined with textile fabric, where the textile fabric is present merely for reinforcing purposes (chapter 39) The textile fabric backing for style 30553 is used merely for reinforcement purposes and the jacket is therefore classified in Chapter 39. The applicable subheading for the jacket, style 30553 will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other articles of plastics and articles of other materials of headings 3901 to 3914: Articles of apparel and clothing accessories (including gloves): Other: Other: Other.” The rate of duty will be 5% ad valorem. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Kenneth Reidlinger at 212-637-7084. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division