The country of origin of Clomipramine Hydrochloride Capsules in dosage form

N312605 July 15, 2020 OT:RR:NC:N3:138 CATEGORY: Country of Origin Mr. Rajender Singh Mankind Pharma Limited 208, Okhla Industrial Estate New Delhi, 110020 India RE: The country of origin of Clomipramine Hydrochloride Capsules in dosage form Dear Mr. Singh: In your letter dated June 18, 2020, you requested a country of origin ruling determination on Clomipramine Hydrochloride Capsules. Clomipramine Hydrochloride, imported in dosages of 25 mg, 50 mg and 75 mg capsules, is a tricyclic antidepressant drug. It is indicated for the treatment of obsessions and compulsions in patients with Obsessive-Compulsive Disorder (OCD). You stated that the active pharmaceutical ingredient (API), Clomipramine Hydrochloride, is manufactured in Ireland and that the finished Clomipramine Hydrochloride Capsules in dosage form are made in India. In India, the Clomipramine Hydrochloride will be mixed with various inactive ingredients to produce the final capsules 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 Clomipramine Hydrochloride (made in Ireland) with the inactive ingredients into the final dosage capsules in India does not result in a substantial transformation and the country of origin will be Ireland. 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 judy.h.lee@cbp.dhs.gov. Sincerely, Steven A. Mack Director National Commodity Specialist Division