OT:RR:CTF:EMAIN H338608 MFT
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
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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
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