The tariff classification of a faux leather vest from China

N170436 June 22, 2011 CLA-2-39:OT:RR:NC:N3:348 CATEGORY: Classification TARIFF NO.: 3926.20.9050 Ms. Leigh Wang VF Outdoor, Inc. 6550 Katella Avenue Cypress, CA 90630 RE: The tariff classification of a faux leather vest from China Dear Ms. Wang: In your letter dated June 7, 2011, you requested a tariff classification ruling. The submitted sample is being returned as requested. Style VN-0PCY158 is a women’s faux leather vest. The vest is constructed with a full front zipper closure, shoulder epaulets, a collar, a rib-knit waistband, 2 front pockets with snap closures and vent holes under the arms. The outer shell is composed of 88% polyurethane, 10% calcium carbonate and 2% carbon black. The brushed backing is composed of 78% rayon and 22% polyester. The woven lining is composed of 100% polyester. Chapter 59 Note 2(a)(5) states that "2. 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 VN-0PCY158 is used merely for reinforcing the cellular plastic. Therefore, the vest is considered made of plastic material of Chapter 39. The applicable subheading for style VN-0PCY158 will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for articles of apparel and clothing accessories (including gloves, mittens and mitts): 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