Receipts from selling tangible personal property, other than nonfissionable metalliferous ore or that which will become an ingredient or component part of a construction project, to nonappropriated fund activities of military services may be deducted from gross receipts pursuant to Section 7-9-54 NMSA 1978 where such nonappropriated fund activities are declared to be instrumentalities of the United States by military regulations promulgated and signed by the secretary of the Army, the secretary of the Navy or the secretary of the Air Force.
N.M. Admin. Code § 3.2.212.17