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The Stile Newsletter - Issue #924
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Subject:  01.09.2026 The Stile Newsletter Issue #924

The Stile Newsletter Issue # 924 .

ISSUE #924 - 01/09/2026



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CBP Eliminates Paper Refund Checks: Mandatory ACH Refunds Begin February 6, 2026 - Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP

Beginning February 6, 2026, U.S. Customs and Border Protection (CBP) will issue all refunds electronically via Automated Clearing House (ACH) and will largely eliminate the use of paper Treasury checks, subject only to limited waiver-based exceptions. This requirement is set forth in CBP’s Electronic Refunds Interim Final Rule, published in the Federal Register on January 2, 2026, which amends CBP regulations to mandate electronic refunds and aligns CBP’s payment practices with federal electronic funds transfer requirements.

To support implementation of the new rule, CBP has enhanced functionality within the ACE Secure Data Portal. As announced in CSMS #67270895, CBP has deployed an automated ACH Refund Authorization tool and automated the ACE Portal importer account application, which is required to access ACH refund enrollment. Importers and other parties who may receive CBP-issued refunds after February 5, 2026 should review the Electronic Refund Enrollment Reference Sheet and complete any required ACH setup in advance to avoid refund delays.

The interim final rule also clarifies refund processing where an importer has designated a third party—such as a licensed customs broker or attorney— to receive refunds on their behalf. Refunds issued to such authorized parties will likewise be made electronically, provided the designated party is properly enrolled in ACH through ACE. Importers should confirm both their own ACH enrollment and the enrollment status of any designated third-party recipients to ensure uninterrupted receipt of CBP refunds once paper checks are phased out. Please contact one of our attorneys if you have questions.




Federal Register Notices: 


USITC Makes Determinations in Five-Year (Sunset) Reviews Concerning Acetone from Belgium, Singapore, South Africa, South Korea, and Spain - U.S. International Trade Commission

The U.S. International Trade Commission (Commission or USITC) today determined that revoking the existing antidumping orders on imports of acetone from Belgium, Singapore, South Africa, South Korea, and Spain would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. 

As a result of the Commission’s affirmative determinations, the existing orders on imports of this product from Belgium, Singapore, South Africa, South Korea, and Spain will remain in place. 

Chair Amy A. Karpel and Commissioner Jason E. Kearns voted in the affirmative. Commissioner David S. Johanson did not participate in the vote.

Today’s action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the below for background on these five-year (sunset) reviews.

The Commission’s public report, Acetone from Belgium, Singapore, South Africa, South Korea, and Spain (Inv. Nos. 731-TA-1435-1436 and 1438-1440 (Review), USITC Publication 5694, January 2026), will contain the views of the Commission and information developed during the reviews. 

The report will be available by February 25, 2026; when available, it may be accessed on the USITC website. 

BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time. 

The Commission’s institution notices in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally, within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC’s notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission’s prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the reviews, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning acetone from Belgium, Singapore, South Africa, South Korea, and Spain were instituted on November 1, 2024.

On February 4, 2025, the Commission determined to conduct full five-year reviews. For South Africa and Spain, Chair Amy A. Karpel and Commissioner Jason E. Kearns concluded that the domestic interested party and the respondent interested party group responses were adequate, and voted for full reviews. For Belgium, Singapore, and South Korea, Chair Amy A. Karpel and Commissioner Jason E. Kearns concluded that the domestic interested party group responses were adequate, but the respondent interested party group responses were inadequate. However, the Commission voted to conduct full reviews for Belgium, Singapore, and South Korea as well to promote administrative efficiency. Commissioner David S. Johanson did not participate in the adequacy votes. 

A record of the Commission’s vote to conduct full reviews is available on the investigations page for Acetone from Belgium, Singapore, South Africa, South Korea, and Spain; Inv. No. 731-TA-1435-1436 and 1438-1440 (Review). 

FTC Issues Biennial Report to Congress on the National Do Not Call Registry - Federal Trade Commission

In FY 2025, the agency received more than 2.6 million complaints and 4.8 million new numbers were added to the DNC Registry

The Federal Trade Commission issued its biennial report to Congress on the National Do Not Call (DNC) Registry that shows consumers placed more than 258 million telephone numbers on the Registry as of the end of fiscal year 2025, an increase of more than 4.8 million from the previous fiscal year.

The report also notes the FTC received more than 2.6 million Do Not Call complaints in fiscal year (FY) 2025 -- an increase from the previous fiscal year -- with consumers mostly reporting these violations came via robocalls, as opposed to live telemarketing.

Debt reduction schemes, imposters (calls pretending to be government, business, or family and friends), and medical and prescription inquiries led the list of commonly reported unwanted telemarketing calls in FY 2025, followed by calls related to energy, solar, and utilities, as well as home improvement and cleaning services.

The FTC continues to track how technology affects the Registry and the consumers and telemarketers who access it. For many years, telemarketers have used automated dialing technology to make pre-recorded calls, commonly known as robocalls. Such calls can be made in large numbers with little expense, leading to a significant increase in telemarketing robocalls, including illegal robocalls. While the number of consumer complaints about illegal telemarketing robocalls steadily decreased from FY 2017 through FY 2024.

While the number of complaints about robocalls ticked up in FY 2025, reports remain substantially lower than their peak in FY 2017. This is due to a range of FTC law enforcement strategies, including the pursuit of Voice Over Internet Protocol (VoIP) providers that facilitate illegal calls, according to the report. The FTC also sued dialing platforms and soundboard technology providers that helped provide the software used to blast consumers with illegal robocalls.

Since the Registry was established in 2003, the FTC has filed 173 lawsuits against 570 companies and 449 individuals alleged to be responsible for making billions of unwanted telemarketing calls to consumers, collecting nearly $400 million from these violators.

The report also discusses the FTC and FCC’s work to help end caller ID spoofing, the implementation of strategies to combat the technologies that telemarketers use to make illegal calls, and several initiatives designed to spur the development and availability of technology to protect consumers from illegal calls.

Finally, the report discusses the FTC’s support of new technologies, particularly call-blocking and call-filtering products. All major voice service providers now offer call-blocking and call-filtering products to all or some of their consumers. The FTC has taken measures to support analytics companies and voice service providers with their call-blocking and call-filtering technologies by releasing a daily list of Do Not Call and robocall complaints, including caller ID numbers, the dates and times of the unwanted calls, and other relevant information. Several firms have reported that this daily data has improved their ability to identify abusive and fraudulent calls.

The Commission also publishes an annual Do Not Call Registry Data Book that provides substantial detail on registration numbers and other statistical information about the Registry.

The Commission vote approving the report and its submission to Congress was 2-0.

The lead staffer on this matter is Ami Dziekan of the FTC’s Bureau of Consumer Protection.

The Federal Trade Commission works to promote competition and protect and educate consumers. The FTC will never demand money, make threats, tell you to transfer money, or promise you a prize. Learn more about consumer topics at consumer.ftc.gov, or report fraud, scams, and bad business practices at ReportFraud.ftc.gov. Follow the FTC on social media, read consumer alerts and the business blog, and sign up to get the latest FTC news and alerts.

U.S. Government Announces Agreement in Principle with the United Kingdom on Pharmaceutical Pricing - Department of Commerce

Today (01/01/26), the Department of Commerce, the Office of the United States Trade Representative, and the Department of Health and Human Services issued the following statements announcing an agreement in principle on pharmaceutical pricing between the United States and the United Kingdom. In the historic U.S.-U.K. Economic Prosperity Deal (EPD), President Trump and Prime Minister Starmer agreed to address long-standing imbalances in U.S.-U.K. pharmaceutical trade by improving the overall environment for pharmaceutical companies operating in the United Kingdom. The EPD also secured continued investment by U.K. pharmaceutical companies in the United States, further strengthening American leadership in pharmaceutical development and manufacturing.

“Today’s agreement is a major win for American workers and our innovation economy. We are strengthening supply chains, creating high-quality jobs, and reinforcing America as the world’s premier hub for life-sciences investment,” said Secretary Howard Lutnick. “This deal doesn’t just deepen our economic partnership with the United Kingdom—it ensures that the breakthroughs of tomorrow will be built, tested, and produced on American soil.”

“President Trump is the first American President to work with U.S. trading partners to ensure fair payment internationally for innovative pharmaceuticals and pharmaceutical ingredients. For too long, American patients have been forced to subsidize prescription drugs and biologics in other developed countries by paying a significant premium for the same products in ours,” said Ambassador Greer. “Today, the United States and the United Kingdom announce this negotiated outcome pricing for innovative pharmaceuticals, which will help drive investment and innovation in both countries. The Trump Administration is reviewing the pharmaceutical pricing practices of many other U.S. trading partners and hopes that they will follow suit with constructive negotiations.”

Pursuant to the terms of the pharmaceutical pricing agreement in principle announced today, the United Kingdom will reverse the decade-long trend of declining National Health Service (NHS) expenditures on innovative, life-saving medicines, and increase the net price it pays for new medicines by 25%. Furthermore, the United Kingdom will ensure that higher prices for new medicines are not materially eroded by a demand for portfolio-wide concessions under the Voluntary Scheme for Branded Medicines Pricing, Access and Growth (VPAG) or other rebate schemes. In fact, the United Kingdom has committed that the repayment rate owed by companies under the current VPAG scheme will decrease to 15% in 2026 and remain at or below that level for the duration of the scheme.

“This agreement comes less than two months after President Trump announced the first results of his most-favored-nation (MFN) pharmaceutical drug pricing policy and underscores his determination to bring down drug prices for the American people. When nations fairly share the burden of producing and paying for life-saving medicines, every citizen gains, and the fight against global disease becomes one we can actually win together,” said Chris Klomp, Director of Medicare and Deputy Administrator of the Centers for Medicare & Medicaid Services, and a lead negotiator of the agreement.

In exchange for these and other commitments, the United States has agreed to exempt U.K.-origin pharmaceuticals, pharmaceutical ingredients, and medical technology from Section 232 tariffs and will refrain from targeting U.K. pharmaceutical pricing practices in any future Section 301 investigation for the duration of President Trump’s term. Further, the United States will work to ensure that U.K. citizens have access to the latest pharmaceutical breakthroughs.

“Americans should not pay the world’s highest drug costs for medicines they helped fund,” said Health and Human Services Secretary Robert F. Kennedy, Jr. “This agreement with the United Kingdom strengthens the global environment for innovative medicines and brings long-overdue balance to U.S.–U.K. pharmaceutical trade. President Trump showed real courage and leadership in demanding these reforms, and I thank him for delivering results that put Americans first.”

Importers brace for $150 billion tariff refund fight if Trump loses at Supreme Court - Rueters

WASHINGTON, Jan 8 (Reuters) - Company executives, customs brokers and trade lawyers are bracing for a Supreme Court ruling on the legality of President Donald Trump's sweeping global tariffs - and a potential fight over obtaining perhaps $150 billion in refunds from the U.S. government for duties already paid by importers if he loses.

Anticipation that the court will strike down the tariffs Trump imposed under the International Emergency Economic Powers Act of 1977 rose after the November arguments in the case when conservative and liberal justices alike voiced skepticism about whether that law gave him the authority to levy the duties.

The court is expected to issue rulings on Friday but, as is customary, has not said what case or cases will be acted upon.

Some companies anticipate that even if the court invalidates Trump's tariffs, the Republican president will not make it easy for them to get refunds.

"It's not in the government's DNA to give back money. And Trump would not want to give back money," said Jim Estill, CEO of Danby Appliances, a Canadian company that sells small refrigerators, microwaves and laundry equipment through big-box stores including Home Depot.

The products are made in China and other Asian countries targeted by the Trump tariffs. If Danby can get its $7 million back, Estill said he is also concerned Home Depot and its customers will want a cut.

"It's just going to be a dog's breakfast," Estill added, meaning a mess.

Trump is the first president to invoke the International Emergency Economic Powers Act, or IEEPA, to impose tariffs. This law historically had been used for imposing sanctions on U.S. adversaries or freezing their assets.

His IEEPA-related tariffs generated $133.5 billion in estimated collections between February 4 and December 14, the date of the most recent data from U.S. Customs and Border Protection, or CBP. The current total is estimated to be approaching $150 billion based on continuation of the average daily collection rates from late September through mid-December, as calculated by Reuters.

ELECTRONIC REFUND MOVE

A technical change disclosed by CBP on January 2 that will shift all tariff refunds to electronic distribution, opens new tab effective February 6 is raising hopes for an orderly process.

While the move stops short of hopes by importers for a fully automatic refund process, "it does kind of signal that Customs is fully prepared to move forward with refunds, if the Supreme Court does, in fact, rule that way," said Angela Lewis, global head of customs at freight forwarder and logistics firm Flexport.

A CBP spokesperson did not respond to questions regarding how the agency would handle a ruling against Trump's tariffs. The agency said in a statement eliminating the use of paper checks for refunds would speed payments through its ACE electronic portal and reduce errors and fraud.

While the scale of these potential refunds is unprecedented for CBP, the U.S. Treasury is accustomed to quick distribution of hundreds of billions of dollars in tax refunds annually. A U.S. Treasury spokesperson did not respond to questions regarding potential tariff refunds.

U.S. Treasury Secretary Scott Bessent has voiced confidence that the Supreme Court will back Trump.

U.S. Trade Representative Jamieson Greer has said that Treasury and CBP would need to sort out any refund rights, and expressed confidence that any lost revenues could be replicated with new tariffs levied by Trump under other legal authorities.

Trump imposed IEEPA-related tariffs in two ways. Last April, he announced "reciprocal" tariffs on goods imported from most U.S. trading partners based on a national emergency he declared concerning U.S. trade deficits. In February and March, he imposed tariffs on China, Canada and Mexico, citing trafficking of the painkiller fentanyl and illicit drugs as a national emergency.

PREEMPTIVE ACTIONS

Any refund process would heavily depend upon whether the Supreme Court provides instructions on refunds or instead remands that matter to a lower court, likely the Court of International Trade, according to Joseph Spraragen, a New York customs lawyer with the firm Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt.

Importers typically have 314 days to make corrections to their imports before they are "liquidated" and no refunds are allowed. This deadline has passed for imports from China hit with tariffs in February 2025.

Some companies, including warehouse-club operator Costco, have filed preemptive lawsuits against the CBP to preserve their rights to potential refunds. Costco in a legal filing called the action necessary because even if the Supreme Court finds the duties unlawful, importers that have paid IEEPA-related duties "are not guaranteed a refund for those unlawfully collected tariffs" without judicial relief.

Tuna canner Bumble Bee Foods, cosmetics maker Revlon, Ray-Ban eyeglass maker EssilorLuxottica (ESLX.PA), opens new tab, Kawasaki Motors (7012.T), opens new tab and Yokohama Tire (5101.T), opens new tab have filed similar suits.

REFUND RIGHTS

Some smaller firms are not waiting, opting instead to sell their claims to hedge funds for pennies on the dollar in a quickly developing secondary market for refund rights. Toy company Kids2, which imports its products from China, told Reuters it got 23 cents on the dollar for the "reciprocal" tariffs, but only nine cents on the dollar for those related to fentanyl trafficking.

Jay Foreman, CEO of Basic Fun!, which sells Tonka trucks, Care Bears and K'Nex construction toys, expressed skepticism that the company will see any of the $6 million in tariffs it had paid before the Christmas selling rush. Foreman said he expects the Trump administration to "obfuscate or delay" refund payments even if ordered to make them.

Foreman said he has not explored selling the company's refund claim,but would consider a post-ruling sale if it means faster repayment.

"The last thing the American public wants to know is a bunch of slick Wall Street or predatory-lender types will come and make a fortune off all this," Foreman said.

Pete Mento, a trade advisory director at the Baker Tilly consulting firm, said his best advice is for companies to maintain meticulous records and move quickly. Mento said he anticipates that companies will need to prove that they paid IEEPA-based tariffs before they can get a refund.

"The people that get their claims in early and have them done correctly are the ones who are going to reap the benefits the fastest," Mento said. "And, knowing the way the processes work in Washington, it could be years before you see that money."

















 
 

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