OT:RR:NC:N3:138
Ms. Kelly O’Toole
Viona Pharmaceuticals, Inc.
20 Commerce Drive
Cranford, NJ 07016
RE: The country of origin of Desonide Cream 0.05% in dosage form
Dear Ms. O’Toole:
In your letter dated May 28, 2020, you requested a country of origin ruling determination on Desonide Cream 0.05%.
Desonide Cream 0.05% is a topical corticosteroid anti-inflammatory agent. It is indicated for the treatment of a variety of skin conditions.
You stated that the active pharmaceutical ingredient (API), Desonide, is manufactured in Italy and that the finished Desonide Cream in dosage is made in India. In India, the Desonide will be mixed with various inactive ingredients to produce the final cream in dosage form.
Section 134.1(b), Customs Regulations (19 CFR 134.1(b)), defines "country of origin" as:
The country of manufacture, production or growth of any article of foreign origin entering the United States. Further work or material added to an article in another country must effect a substantial transformation in order to render such other country the "country of origin" within the meaning of this part;….
A substantial transformation occurs when an article emerges from a process with a new name, character or use different from that possessed by the article prior to processing. A substantial transformation will not result from a minor manufacturing or combining process that leaves the identity of the article intact. See United States v. Gibson-Thomsen Co., 27 C.C.P.A. 267 (1940); and National Juice Products Association v. United States, 628 F. Supp. 978 (Ct. Int’l Trade 1986).
In this case, we find the mixing of the active ingredient Desonide (made in Italy) with the inactive ingredients into the final dosage Desonide Cream in India does not result in a substantial transformation and the country of origin will be Italy.
This merchandise may be subject to the Federal Food, Drug, and Cosmetic Act and/or The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which are administered by the U.S. Food and Drug Administration (FDA). Information on the Federal Food, Drug, and Cosmetic Act, as well as The Bioterrorism Act, can be obtained by calling the FDA at 1-888-463-6332, or by visiting their website at www.fda.gov.
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 Judy Lee at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division