The country of origin of Tretinoin Cream, USP 0.1%

N362076
July 1, 2026
OT:RR:NC:N3:138
CATEGORY: Origin Kamesh Venugopal Encube Ethicals, Inc. 200 Meredith Drive Durham, NC 27713 RE: The country of origin of Tretinoin Cream, USP 0.1% Dear Mr. Venugopal: In your letter dated June 4, 2026, you requested a country of origin ruling on Tretinoin Cream, USP 0.1%. Tretinoin Cream, USP 0.1% is a medicinal preparation containing Tretinoin, a naturally occurring derivative of vitamin A (retinol), as the active ingredient. It is indicated for the topical application in the treatment of acne vulgaris. You stated that the active pharmaceutical ingredient (API), Tretinoin, is manufactured in Italy and that the finished cream in dosage form is made in India. In India, Tretinoin will be mixed with various inactive ingredients to produce the final cream in dosage form. When determining the country of origin, the substantial transformation analysis is applicable. See, e.g., Headquarters Ruling Letter (“HQ”) H301619, dated November 6, 2018. The test for determining whether a substantial transformation will occur is whether an article emerges from a process with a new name, character, or use different from that possessed by the article prior to processing. See Texas Instruments Inc. v. United States, 681 F.2d 778 (C.C.P.A. 1982). This determination is based on the totality of the evidence. See National Hand Tool Corp. v. United States, 16 C.I.T. 308 (1992), aff’d, 989 F.2d 1201 (Fed. Cir. 1993). In this case, we find the mixing of the active ingredient Tretinoin (made in Italy) with the inactive ingredients into the final Tretinoin Cream in dosage form in India does not result in a substantial transformation and the country of origin will be Italy. You also submitted pictures of labels marked with the country of origin for our review. Based upon the labels provided, the subject product does not appear to be legally marked with the proper country of origin. The labels state the product is manufactured in India. However, the country of origin is Italy where the API is made and should be marked “Made in”, “Product of ”, or other words of similar meaning with “Italy” as the country of origin.

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. The holding set forth above applies only to the specific factual situation and merchandise description as identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations (CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and complete in every material respect. In the event that the facts are modified in any way, or if the goods do not conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2. Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic verification by CBP. This ruling is being issued under the provisions of Part 177 of the Customs and Border Protection 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, please contact National Import Specialist Judy Lee at [email protected].
Sincerely,
(for) James P. Forkan Director National Commodity Specialist Division