CLA-2:OT:RR:NC:N2:209
Sunday Ojajuni
Sunday Omogoriola Ojajuni DBA Elyon Customs Broker
93 W Rainbow Ridge Cir
Spring, TX 77381
RE: The tariff classification of Diesel Generator Module from China
Dear Ms. Ojajuni:
In your letter dated July 17, 2025, you requested a tariff classification ruling on behalf of DeepCoolAI Inc.
The item under consideration is identified as the COOLPOWER brand Diesel Generator Module, Model
DGU-C-02-30-A01, from China, which is described as consisting of the following:
Diesel Engine consisting of a 16-cylinder, turbo-charged, after-cooled diesel engine, which provides
mechanical power.
Alternator that converts the engine’s rotational motion into electricity.
Control Systems, which contain an intelligent control panel for monitoring and operation, a Low
Voltage (LV) cabinet, and a voltage regulator to ensure stable power output.
Fuel system containing a belly tank and an internal 2m3 daily fuel tank.
Enclosure which is a weatherproof, noise-reducing enclosure made of reinforced steel with a top cover.
Auxiliary Systems which include a radiator cooling system, air intake and exhaust system with
silencers, a fire suppression system, and ladders for maintenance access.
The unit is described as having a standby power rating of 3300 kW/4125kVA and a prime power rating of
3000 kW/3750 kVA at 60Hz and 480V. The generator module is imported in four main parts due to shipping
constraints and is described as an integrated, weatherproof electric generating set designed to provide
emergency power to data centers.
In your request, you suggest the COOLPOWER brand Diesel Generator Module, Model DGU-C-02-30-A01,
is properly classified under subheading 8502.13.0040, Harmonized Tariff Schedule of the United States
(HTSUS). We agree.
The applicable subheading for the COOLPOWER brand Diesel Generator Module, Model
DGU-C-02-30-A01, will be 8502.13.0040, HTSUS, which provides for “Electric generation sets and rotary
converters: Generating sets with compression-ignition internal combustion piston engines (diesel or
semi-diesel engines): Of an output exceeding 375 kVA: Exceeding 1,000 kVA. The general rate of duty will
be 2 percent ad valorem.
Effective March 4, 2025, pursuant to U.S. Note 2(u) to Subchapter III, Chapter 99, all products of China and
Hong Kong as provided by heading 9903.01.24, HTSUS, other than products classifiable under headings
9903.01.21, 9903.01.22, and 9903.01.23, HTSUS, will be subject to an additional 20 percent ad valorem rate
of duty. At the time of entry, you must report the applicable Chapter 99 heading, i.e. 9903.01.24, in addition
to subheading 8502.13.0040, HTSUS, listed above.
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise
must be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time products of China, Hong
Kong, and Macau will be assessed an additional ad valorem rate of duty of 10 percent. At the time of entry,
you must report the Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition
to subheading 8502.13.0040, HTSUS, listed above.
Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under
subheading 8502.13.0040, HTSUS, unless specifically excluded, are subject to an additional 25 percent ad
valorem rate of duty. At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.01,
in addition to subheadings 8502.13.0040, HTSUS, listed above.
The HTSUS is subject to periodic amendment, so you should exercise reasonable care in monitoring the
status of goods covered by the Note cited above and the applicable Chapter 99 subheading. For background
information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, including
information on exclusions and their effective dates, you may refer to the relevant parts of the USTR and CBP
websites, which are available at
https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and
https://www.cbp.gov/trade/programs-administration/trade-remedies, respectively.
The tariffs and additional 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/.
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 Steven Pollichino at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division