Background

U.S. Customs and Border Protection has issued a final determination concerning the country of origin of certain Calcitriol soft-shell capsules used for vitamin D3 deficiency that may be offered to the U.S. government under undesignated government procurement contracts.

According to CBP, the raw ingredients of the capsules originate from Switzerland and are shipped to India where the capsules are manufactured, inspected, packed in containers, and labelled.

In ruling HQ H319605, CBP concludes that these items would be products of Switzerland, a World Trade Organization Government Procurement Agreement country, for purposes of U.S. government procurement. CBP states that no substantial transformation occurs in India because the identity of the raw materials remains intact, the only active ingredient retains its chemical and physical properties, and the product retains the same predetermined medicinal use.

Any party-at-interest may seek judicial review of this determination by Oct. 12. CBP issues country of origin advisory rulings and final determinations as to whether an article is or would be a product of a designated country or instrumentality for the purposes of granting waivers of certain “Buy American” restrictions in U.S. law or practice for products offered for sale to the U.S. government.

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