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NY N021862





January 22, 2008

CLA-2-39:OT:RR:NC:N3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.20.9050

Ms. Jennifer Caldwell
Golden Too Inc.
1410 Broadway, 8th Fl
New York, NY 10018

RE: The tariff classification of a ladies jacket from China.

Dear Ms. Caldwell:

In your letter dated January 10, 2008, you requested a tariff classification ruling. The sample which you submitted is being returned as requested.

The submitted sample Style 110807-001 is a ladies jacket made of cellular polyurethane plastic material with a backing of woven viscose fabric present merely for reinforcing purposes. The hip length jacket has long sleeves with zippers at the wrist, stand-up collar, two side pockets and breast pockets and a full front zipper closure with a top snap.

Chapter 59 Note 2(a)(5) states that “2. Heading 5903 applies to: (a) Textile fabrics, impregnated, coated, covered or laminated with plasticsother 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 110807 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 110807-001 will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Articles of apparel and clothing accessoriesOther: 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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