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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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The chemical industry is subject to complex and ever-evolving laws and regulations. New standards governing the production and use of chemicals are implemented every year worldwide, and existing laws and regulations are constantly changing to keep pace with new information and scientific advancements. Chemical Industry Regulatory Update provides a monthly digest of recent legislative and regulatory developments and related industry news.

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Address the Adhesives &amp; Sealants Industry in 2026

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Join the industry’s premier event—ASC’s Annual Convention &amp; EXPO, coming to Nashville, Tennessee, in April 2026. This is the largest gathering of adhesive and sealant professionals in North America, bringing together leaders, innovators, and experts from across the value chain.

ASC invites you to share your expertise by presenting on a regulatory issue or any topic shaping the future of the industry, including:

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Learn more <a href="https://www.ascouncil.org/events/2026-annual-convention-and-expo">online</a> or download the <a href="https://assets-002.noviams.com/novi-file-uploads/asc/PDFs/Conv26_Call_for_Speakers_Handout_PROOF_7-23-25-FINAL.pdf">handout</a> for details on how to participate.

SmarTrade Fundamentals 2025 – Duty Drawback Opportunities

Wednesday, November 19, 2025 | 2:00 - 3:00 P.M. ET

Please join us for a complimentary webinar series focusing on the basics of import regulation and customs compliance. In <a href="https://www.thompsonhine.com/insights/?query=smartrade%252520fundamentals">past years</a>, our SmarTrade Fundamentals series explored a range of international compliance areas, including import, export, and sanctions. 2025 has seen an enormous shift in the tariff landscape and a related need for companies to dive deeply into import compliance. So, this year’s SmarTrade Fundamentals 2025 focuses on tariffs, import compliance, and trade remedies.

Our sessions will lay the groundwork with overviews of the administration’s trade actions in the first 200 days and evolving tariff evasion enforcement in the U.S. and EU. Additional sessions will focus on key areas of risk and opportunity to reduce duty exposure in this shifting landscape while maintaining compliance. Through these focused sessions, participants will gain the tools to anticipate regulatory change, manage risk, and unlock value in their trade operations.

Session 4: Duty Drawback Opportunities

Duty drawback remains one of the most effective cost-savings tools for U.S. importers and exporters. This session provides an overview of the program, compliance requirements, and practical considerations for maximizing refunds. We’ll also share tips for streamlining the claims process.

To learn more and to register, click <a href="https://www.thompsonhine.com/insights/smartrade-fundamentals-2025-duty-drawback-opportunities/">here</a>.

SmarTrade Fundamentals 2025 – Leveraging Chapter 98 Provisions

Wednesday, December 3, 2025 | 2:00 p.m. – 3:00 p.m. ET

Session 5: Leveraging Chapter 98 Provisions

As part of our continuing SmarTrade Fundamentals series, this session focuses on Chapter 98 of the Harmonized Tariff Schedule, which offers valuable duty-saving provisions for certain imports and exports. This presentation explores key sections, qualification criteria, and documentation best practices. Participants will learn how to identify opportunities and ensure compliance while reducing duty exposure.

To learn more and to register, click <a href="https://www.thompsonhine.com/insights/smartrade-fundamentals-2025-leveraging-chapter-98-provisions/">here</a>.

What’s At Stake In High Court Pension Liability Case

Thompson Hine partners <a href="https://www.thompsonhine.com/professionals/katherine-b-kohn/">Katherine Kohn</a> and <a href="https://www.thompsonhine.com/professionals/dominic-dematties/">Dominic DeMatties</a> have been published in Law360 with “What’s At Stake In High Court Pension Liability Case,” analyzing what’s at stake in the U.S. Supreme Court’s review of withdrawal liability assumptions under ERISA. Their article examines the circuit split on whether multiemployer pension plans must use actuarial assumptions in effect as of the plan year’s end or may adopt new assumptions after the fact, and explores the implications for employers, actuaries, and plan trustees. <a href="https://www.thompsonhine.com/insights/whats-at-stake-in-high-court-pension-liability-case/">Continue reading</a>.

The Future of EPA’s CERCLA PFAS Hazardous Substance Designation

On September 17, the U.S. Environmental Protection Agency (EPA) <a href="https://www.epa.gov/newsreleases/trump-epa-announces-next-steps-regulatory-pfoa-and-pfos-cleanup-efforts-provides">announced</a> that it intends to maintain and defend the final 2024 rule designating two per- and polyfluoroalkyl substances (PFAS) compounds, perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The EPA’s decision follows months of stays in the pending litigation challenging the final CERCLA rule and growing uncertainty surrounding whether the Trump administration would maintain the substances' CERCLA designation. <a href="https://www.thompsonhine.com/insights/the-future-of-epas-cercla-pfas-hazardous-substance-designation/">Learn more</a>.

New Proposed Regulations Would Limit Availability of Inter Partes Review

On October 17 the United States Patent and Trademark Office (USPTO) proposed new subsections 37 C.F.R. § 42.108(d)-(f) addressing circumstances in which the Patent Trial and Appeal Board (PTAB) will not institute or maintain inter partes review (IPR) of a patent. These proposed changes seek to codify some of the changes announced earlier this year by then Acting Director, now Deputy Director Coke Morgan Stewart in her “Interim Processes for PTAB Workload Management” Memorandum to all PTAB judges. <a href="https://www.thompsonhine.com/insights/new-proposed-regulations-would-limit-availability-of-inter-partes-review/">Keep reading</a>.

Additional USCIS Guidance on $100,000 H-1B Fee

On September 19, 2025, President Trump issued a Proclamation imposing a $100,000 fee on H-1B petitions. The Proclamation took effect September 21, 2025, at 12:01 a.m. EDT for twelve months (with the possibility of an extension).

The language of the Proclamation appeared to apply to all H-1B workers who are outside of the United States on or after the effective date, creating confusion and causing many H-1B workers abroad to immediately adjust travel for return to the U.S. before the effective date. The government has since provided guidance clarifying the scope of petitions subject to the fee. The most recent guidance was issued by USCIS on October 20, 2025. <a href="https://www.thompsonhine.com/insights/additional-uscis-guidance-on-100000-h-1b-fee/">Read more</a>.

Litigation Strategy in Flux: Adapting to the PTO’s New Discretionary Denial Regime

On October 17, USPTO Director John A. Squires <a href="https://www.uspto.gov/sites/default/files/documents/open-letter-and-memo_20251017.pdf">published an open letter</a> to the public accompanied by a Memorandum addressed to all judges of the Patent Trial and Appeal Board (PTAB). The Memorandum announced new procedures governing the institution of inter partes reviews (IPRs) before the PTAB. The changes supersede longstanding USPTO practice as well as interim procedures introduced earlier this year. <a href="https://www.thompsonhine.com/insights/litigation-strategy-in-flux-adapting-to-the-ptos-new-discretionary-denial-regime/">Explore further</a>.

USPTO Launches Streamlined Claim Set Pilot Program: A New Path to Faster Examination

The USPTO has opened a new pathway in the examination queue with its Streamlined Claim Set Pilot Program. Effective October 27, 2025, this limited-duration initiative allows qualifying applications to move “out of turn” to a first Office action, offering potential advantages for applicants willing to narrow their claim sets and meet strict procedural requirements—while requiring careful navigation of tradeoffs and procedural pitfalls. <a href="https://www.thompsonhine.com/insights/uspto-launches-streamlined-claim-set-pilot-program-a-new-path-to-faster-examination/">Continue reading</a>.

USTR Issues Section 301 Determination on Nicaragua’s Abuses of Labor Rights and Human Rights Practices

On October 20, 2025, the United States Trade Representative (USTR) determined under Section 301 of the Trade Act of 1974 that Nicaragua’s acts, policies, and practices related to abuses of labor rights, abuses of human rights and fundamental freedoms, and dismantling of the rule of law are unreasonable and burden or restrict U.S. commerce. The USTR determined that Nicaragua has “exploited its own workers resulting in unfair conditions of competition, confiscated the property interests of domestic and foreign religious institutions and U.S. persons or businesses, and created a high-risk environment for U.S. companies investing and conducting business in the country.” <a href="https://www.thompsonhinesmartrade.com/2025/10/ustr-issues-section-301-determination-on-nicaraguas-abuses-of-labor-rights-and-human-rights-practices/">Keep reading</a>.

Check out the latest <a href="https://www.thompsonhine.com/insights/employment-legislation-outlook-november-2025/">Employment Legislation Outlook</a>. This monthly digest is designed to keep you apprised of upcoming major state law changes in areas including paid sick and safe leave laws, family and parental leave, recreational and medicinal marijuana use, workplace gun laws, asking candidates about salary history and unpredictable scheduling.

Looking for Adhesive &amp; Sealant Training?

ASC’s <a href="https://www.ascouncil.org/certificate-program">Training Academy Certificate Program</a> offers a convenient and cost-effective, web-based method of workforce training ideal for new or new to a role staff and professionals. A variety of flexible and affordable subscription options are available.

For more information, contact the&nbsp;editor, <a href="https://www.thompsonhine.com/professionals/devin-a-barry/">Devin A. Barry</a>, or any of the authors.

Chemical Industry Regulatory Update is compiled by Thompson Hine lawyers on behalf of <a href="https://www.ascouncil.org/">The Adhesive and Sealant Council</a>. It should not be construed as legal advice, and the views and opinions expressed herein are those of the authors and do not necessarily reflect those of the ASC or its members.

Chemical Industry Regulatory Update – November 2025

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