CLA-2-25:OT:RR:NC:N1:128
Mr. Nick Barnett
Interstellar Innovation Pty Ltd.
106 Ellesmer Road
Gymea Bay, New South Wales 2227
Australia
RE: The tariff classification and marking of crushed basalt from Australia.
Dear Mr. Barnett:
In your letter dated February 22, 2026, you requested a tariff classification ruling.
The merchandise under consideration is referred to as Interstellar Innovation Fine Lunar Regolith Simulant
(IIFLRS). From the information you provided, it is comprised of natural basalt stone, which is mined,
crushed, and packaged for retail sale in Australia. The basalt is not worked or processed in any other way.
You state that, after importation into the United States, the IIFLRS will be used to produce lunar regolith
simulant, which simulates the composition of the moon’s surface, in order to support NASA and commercial
lunar activities.
The applicable subheading for the Interstellar Innovation Fine Lunar Regolith Simulant will be
2517.49.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Pebbles,
gravel, broken or crushed stone, of a kind commonly used for concrete aggregates, for road metalling, or for
railway or other ballast; shingle and flint, whether or not heat-treated; macadam of slag, dross or similar
industrial waste, whether or not incorporating the materials cited in the first part of the heading; tarred
macadam; granules, chippings and powder, of stones of heading 2515 or 2516, whether or not heat-treated:
Granules, chippings and powder, of stones of heading 2515 or 2516, whether or not heat-treated: Other.” The
general rate of duty will be Free.
You have also requested a ruling on whether the proposed marking, “Country of origin: Australia” is an
acceptable country of origin marking for the imported IIFLRS. A photograph of your proposed marking was
submitted for review.
You state that the IIFLRS is packaged for retail sale in bags. A white sticker will be affixed to each bag.
The words “Interstellar Fine Lunar Regolith Simulant <75um (IFLRS-75)” appear in blue type at the top of
the sticker. The body of the sticker is divided into sections labeled “Product Details,” “Hazard Information,”
“Transport and Customs (USA Import),” and “Packaging Information,” also in blue ink. The first line in the
“Product Details” section reads “Country of Origin: Australia” in black ink.
The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless
excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a
conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will
permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country
of origin of the article.
As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is
considered conspicuous if the ultimate purchaser in the U.S. is able to find the marking easily and read it
without strain.
With regard to the permanency of a marking, section 134.41(a), Customs Regulations (19 CFR 134.41(a)),
provides that as a general rule marking requirements are best met by marking worked into the article at the
time of manufacture. For example, it is suggested that the country of origin on metal articles be die sunk,
molded in, or etched. However, section 134.44, Customs Regulations (19 CFR 134.44), generally provides
that any marking that is sufficiently permanent so that it will remain on the article until it reaches the ultimate
purchaser unless deliberately removed is acceptable.
The proposed marking of the Interstellar Innovation Fine Lunar Regolith Simulant, as described above, is
conspicuously, legibly, and permanently marked in satisfaction of the marking requirements of 19 U.S.C.
1304 and 19 CFR Part 134 and is an acceptable country of origin marking for the imported IIFLRS.
The duties cited above are current as of this ruling’s issuance. Duty rates are provided for your convenience
and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided
at https://hts.usitc.gov/.
This ruling does not address the applicability of any additional duties, taxes, fees, exactions and/or other
charges, which may apply to the goods discussed herein. This includes, but is not limited to, tariffs and other
duties as provided for in Subchapter III to Chapter 99, HTSUS. Thus, for example, in addition to the
classification stated above, the merchandise covered by this ruling may also need to be reported with either
the Chapter 99 provision under which an additional tariff applies or one of the Chapter 99 provisions
covering exceptions to such tariffs.
For further information to assist with the importation process, please refer to the frequently updated Cargo
Systems Messaging Service (CSMS) messages at
https://www.cbp.gov/trade/automated/cargo-systems-messaging-service and the Trade Remedies page at
https://www.cbp.gov/trade/programs-administration/trade-remedies.
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 Nicole Sullivan at [email protected].
Sincerely,
(for)
James Forkan
Designated Official Performing the Duties of the Division Director
National Commodity Specialist Division