USTR launches Section 301 investigation into Vietnam IP enforcement
On May 29, 2026, the U.S. Trade Representative initiated a Section 301 investigation into Vietnam following its designation as a Priority Foreign Country in the 2026 Special 301 Report. The investigation will examine whether Vietnam's intellectual-property protection and enforcement practices are unreasonable, discriminatory, or burden U.S. commerce. The USTR identified persistent IP infringement in Vietnam as impairing the competitive position of U.S. innovators and creators, despite recent steps by Vietnam to address concerns.
Photo: cottonbro studio / Pexels# USTR Launches Section 301 Investigation Into Vietnam's IP Enforcement
On May 29, 2026, U.S. Trade Representative Jamieson Greer announced the initiation of a Section 301 investigation into Vietnam's acts, policies, and practices related to intellectual-property protection and enforcement. The action follows Vietnam's designation as a Priority Foreign Country in the April 30, 2026 Special 301 Report.
"While Vietnam has recently taken some steps toward addressing IP concerns that the United States has chronicled over many years in USTR's Annual Special 301 Report, IP infringement in Vietnam continues to impair the competitive position of U.S. innovators and creators," said Ambassador Greer. "We need to see Vietnam resolve these long-standing concerns, including on a range of IP enforcement issues, in a manner that is sustained and that deters future IP infringements."
Under Section 301 of the Trade Act of 1974, the USTR can investigate and respond to unfair foreign practices affecting U.S. commerce. The investigation will assess whether Vietnam's IP regime is unjustifiable, unreasonable, or discriminatory, and whether it burdens or restricts U.S. commercial interests. Section 182(b) of the Trade Act authorizes the USTR to identify "priority foreign countries" with the most onerous or egregious IP practices that have the greatest adverse impact on U.S. products, unless those countries are engaged in good-faith negotiations or making significant progress in bilateral or multilateral negotiations to strengthen IP protection.
Section 302 of the Trade Act requires the USTR to decide within 30 days of identifying a priority foreign country whether to initiate an investigation. Ambassador Greer has now made that determination for Vietnam, citing its persistent failure to address long-standing IP protection and enforcement concerns.
Once the investigation concludes, Ambassador Greer will determine, in consultation with President Trump, what responsive action—if any—should be taken to address the identified practices. The USTR has opened a Federal Register docket for public comments on the investigation.
What this means for shippers
U.S. exporters of IP-intensive goods and manufacturers sourcing from or selling into Vietnam should prepare for potential tariffs or trade restrictions. Monitor the investigation's progress and the forthcoming Federal Register notices for details on affected products and timelines. If you source IP-protected goods through or from Vietnam, review your supply chains now to understand exposure to eventual Section 301 remedies. Check your product's HS classification and current tariff rates immediately to model worst-case tariff scenarios.
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