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

N135367 December 28, 2010 CLA-2-39:OT:RR:NC:TA:348 CATEGORY: Classification TARIFF NO.: 3926.20.9050 Arash A. Raminfar Clearpoint International 2560 Corporate Place #D204 Monterey Park, CA 91754 RE: The tariff classification of a women’s jacket from China. Dear Mr. Raminfar: In your letter dated November 24, 2010, you requested a tariff classification ruling. The sample is being returned as requested Style 11439PUT is a ladies’ faux leather jacket. It is a ladies’ military-style faux leather jacket. It is composed of cellular polyurethane plastic material with a backing of brushed knit fabric. The garment is lined and features the following: stand-up collar, epaulets, long sleeves with zipper closure, full front opening with partial zipper closure and two mock pockets at the waist.. Chapter 59 Note 2(a)(5) states that "Heading 5903 applies to: (a) Textile fabrics, impregnated, coated, covered or laminated with plastics…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 11439PUT is used merely for reinforcing the cellular plastic. Therefore, the jacket is considered made of plastic material of Chapter 39. The applicable subheading for Style 11439PUT will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Articles of apparel and clothing accessories…Other: Other, Other." The rate of duty will be 5% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. 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 Rosemarie Hayward at (646) 733-3064. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division