MP3 has specific algorithmic weaknesses above 16khz[0] which even the highest legal bitrate can't cover up… sometimes. It's actually easiest to hear it with cymbals, or the old LAME sample "fatboy".
You can just not use MP3 though. It's 2014! Use AAC!
The early encoder releases were tuned for voice chat, not music, so the best rate control mode is CBR and it hasn't seriously been tested otherwise. It is pretty amazing considering it's only so good by accident!
Also, everyone is satisfied with AAC already, so there's no good reason to throw out your music collection or your HW accelerated decoding platform.
You can just not use MP3 though. It's 2014! Use AAC!
[0] http://wiki.hydrogenaud.io/index.php?title=LAME_Y_switch