Application for Further Review of Protest No. 4197-24-107768; Classification of a Bearing Shock Mount

H338608 January 12, 2026 OT:RR:CTF:EMAIN H338608 MFT CATEGORY: Classification TARIFF NO.: 4016.99.60 Center Director Port of Cincinnati-Erlanger U.S. Customs and Border Protection 4243 Olympic Blvd., Suite 210 Erlanger, KY 41018 Re: Application for Further Review of Protest No. 4197-24-107768; Classification of a Bearing Shock Mount Dear Center Director: The following is our decision on the Application for Further Review (AFR) of Protest No. 4197-24-107768, which was filed on February 23, 2024, on behalf of Schlumberger Technology Corporation (“protestant”). The protest pertains to the classification under the Harmonized Tariff Schedule of the United States (HTSUS) by U.S. Customs and Border Protection (CBP) of a certain bearing shock mount. FACTS: The subject merchandise is a bearing shock mount from China used for securing a bearing housing within a hanger. The subject bearing shock mount comprises a ring of two bonded layers: a metal outer layer of either bronze or naval brass and an elastomer inner layer of hydrogenated nitrile butadiene rubber (HNBR). The ring lies in a press fit within the hanger and around the bearing housing. In operation, the elastomer inner layer tightly grips against the bearing housing, allowing the ring to rotate synchronously with the bearing and preventing the metal outer layer from spinning freely within the hanger. The inner layer also cushions the bearing housing from shock transmissions that may transfer from the hanger. On July 11, 2023, the protestant entered the subject merchandise under heading 4016, HTSUS, which provides for, “Other articles of vulcanized rubber other than hard rubber.” CBP liquidated the merchandise on September 29, 2023, under heading 8483, HTSUS, which provides for, “Transmission shafts (including camshafts and crankshafts) and cranks; bearing housings, housed bearings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints); parts thereof.” ISSUE: Whether the subject bearing shock mount is classified under heading 4016, HTSUS, as “[o]ther articles of vulcanized rubber other than hard rubber”; under heading 7419, HTSUS, as “[o]ther articles of copper”; or under heading 8483, HTSUS, as a “part” of bearing housings. LAW AND ANALYSIS: A decision on classification and the rate and amount of duties chargeable is a protestable matter under 19 U.S.C. § 1514(a)(2). The subject protest was timely filed on February 23, 2024, within 180 days of liquidation, pursuant to 19 U.S.C § 1514(c)(3). Further review of Protest No. 4197-24-107768 is properly accorded to the protestant pursuant to 19 C.F.R. § 174.24(b) because the decision against which the protest was filed is alleged to involve questions of law or fact which have not been ruled upon by the Commissioner of CBP or his designee or by the Customs courts. Classification under the HTSUS is in accordance with the General Rules of Interpretation (GRIs). GRI 1 provides that the classification of goods will be determined according to the terms of the headings of the tariff schedule and any relative section or chapter notes. In the event that the goods cannot be classified solely on the basis of GRI 1, and if the headings and legal notes do not otherwise require, the remaining GRIs 2 through 6 will then be applied in order. GRI 3 governs the classification of merchandise consisting of more than one material or substance. GRI 3(a) states that “the heading which provides the most specific description shall be preferred to headings providing a more general description.” GRI 3(b) states, in pertinent part, that composite goods that cannot be classified by reference to GRI 3(a), are to be classified as if they consisted of the component that gives them their essential character. GRI 3(c) states that when goods cannot be classified by reference to GRIs 3(a) or 3(b), the goods are to be classified in the heading that occurs last in numerical order among the competing headings that equally merit consideration. The HTSUS headings under consideration are as follows: 4016 Other articles of vulcanized rubber other than hard rubber * * * * * 7419 Other articles of copper * * * * * 8483 Transmission shafts (including camshafts and crankshafts) and cranks; bearing housings, housed bearings and plain shaft bearings; gears and gearing; ball or roller screws; gear boxes and other speed changers, including torque converters; flywheels and pulleys, including pulley blocks; clutches and shaft couplings (including universal joints); parts thereof 2 The term “part” is not defined in the HTSUS. The courts have considered the nature of “parts” under the HTSUS, and two distinct though not inconsistent tests have resulted.1 The first, articulated in United States v. Willoughby Camera Stores, Inc., requires a determination of whether the imported item is an “integral, constituent, or component part, without which the article to which it is to be joined, could not function as such article.”2 The second, set forth in United States v. Pompeo, provides that when an imported item is dedicated solely for use with another article, and when applied to that use, the item meets the definition of a “part” established in Willoughby, the item constitutes a “part” of the article. Under either line of cases, an imported item is not a part if it is “a distinct and separate commercial entity.”3 First, we find that the subject merchandise cannot be classified under heading 8483, HTSUS, because it does not constitute a “part” of bearing housings. Under the Willoughby test, the bearing shock mount must be “integral” to the bearing housing, such that without the shock mount, the bearing housing cannot function. But the facts indicate that the bearing shock mount does not play a role in housing the bearings. Rather, the bearing shock mount merely retains the bearing housing within the hanger and insulates the housing from external shocks. Neither of these functions are necessary for the bearing housing’s operation, thus the Willoughby test is not met. Likewise, the bearing shock mount falls short of satisfying the Pompeo test. Under that test, if the subject bearing shock mount were dedicated solely for use with the bearing housing, then when applied to that use, the bearing shock mount must meet the definition of “integral” as defined in Willoughby to be considered a “part” of bearing housings under heading 8483, HTSUS. Even if, in arguendo, the bearing shock mount were dedicated solely for use with the bearing housing, nothing about that specific usage relates to the bearing housing’s functioning.4 The subject merchandise is thus not described by heading 8483, HTSUS, and we reject that heading from consideration. Second, because the bearing shock mount is not exclusively composed of vulcanized rubber or copper, it cannot be classified by applying GRI 1 as neither heading wholly describes the merchandise. Because the merchandise is comprised of more than one material and is a composite good, we turn to GRI 3(b), which provides that the subject bearing shock mount must be classified as if it consisted of the component that gives the merchandise its essential character. Comparing the bearing shock mount’s outer and inner layers readily reveals that the elastomer inner layer plays a greater role in relation to the good’s functioning. First, this inner layer is essential to gripping the bearing housing, and without this layer, the bearing housing would not be secure within the hanger. Second, this attachment to the bearing housing is also the primary mechanism by which the metal outer layer can rotate synchronously with the housing. The metal layer cannot rotate properly without the rubber layer pressing against the bearing housing. Third, 1 See Bauerhin Tech’s Ltd. v. United States, 110 F.3d 774, 779 (Fed. Cir. 1997). 2 See Bauerhin, 110 F.3d at 778 (quoting United States v. Willoughby Camera Stores, Inc., 21 C.C.P.A. 322, 324 (1933)). 3 See Baxter Healthcare Corp. v. United States, 182 F.3d 1333, 1338–39 (Fed. Cir. 1999) (quoting Willoughby, 21 C.C.P.A. at 325). 4 C.f. Willoughby, 21 C.C.P.A. at 324 (“The mere fact that two articles are designed and constructed to be used together, does not necessarily make either a part of the other”) (citing Columbia Shipping Co. v. United States, 11 Ct. Cust. App. 281; United States v. Kalter Mercantile Co., 11 Ct. Cust. App. 540). 3 the inner layer is also responsible for cushioning the bearing housing from shock transmissions and preventing disruptions to the bearing housing’s functioning. The metal layer, in contrast, offers little to no protection against such shocks. Taking these functions together, the elastomer inner layer of HNBR is critical to the usefulness of the bearing shock mount and, as such, carries the essential character of the merchandise. Given that the elastomer inner layer imparts the essential character of the subject merchandise, we hold that the article as a whole must be classified as if consisting solely of that inner layer – i.e., under heading 4016, HTSUS, as an “article[] of vulcanized rubber other than hard rubber.” HOLDING: By application of GRIs 1, 3(b), and 6, the subject bearing shock mount is classified under heading 4016, HTSUS, specifically under subheading 4016.99.60, HTSUS, which provides for, “Other articles of vulcanized rubber other than hard rubber: Other: Other: Other: Other: Other.” The general column one rate of duty is 2.5%. This ruling does not address the applicability of any additional duties that may apply to the goods discussed herein. Likewise, 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 on the World Wide Web at www.usitc.gov. You are instructed to GRANT the Protest. Sixty days from the date of the decision, the Office of Trade, Regulations and Rulings, will make the decision available to CBP personnel, and to the public on the CBP website at www.cbp.gov, by means of the Freedom of Information Act, and other methods of public distribution. Sincerely, for Yuliya A. Gulis, Director Commercial and Trade Facilitation Division 4