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On May 29, 2026, the Office of the U.S. Trade Representative announced it initiated an investigation of Vietnam under Section 301 of the Trade Act of 1974 (“Section 301”) regarding the country’s intellectual property protection and enforcement.

The USTR had identified Vietnam as a “Priority Foreign Country” in its April 30, 2026 Special 301 Report. According to that report, Vietnam has failed to resolve long-standing concerns about IP protection and enforcement, which has impacted U.S. innovation. The current investigation therefore seeks to investigate Vietnam’s acts, policies, and practices related to IP protection and enforcement and their impact on U.S. commerce. Once the investigation is complete, USTR will determine, in consultation with the President, if any, responsive action should be taken. This could include tariff and non-tariff actions.

A copy of the Federal Register Notice initiating the Section 301 investigation is available here. The public may submit comments here through July 2, 2026, at 11:59 p.m. EDT. USTR noted it is inviting comments regarding the following:

  • The acts, policies, and practices described above;
  • Information on other acts, policies, and practices of Vietnam related to the denial of adequate and effective protection of IP rights and the denial of fair and equitable market access to persons that rely on IP protection;
  • Whether the acts, policies, and practices of Vietnam are unreasonable or discriminatory;
  • Whether the acts, policies, and practices of Vietnam burden or restrict U.S. commerce, and if so, the nature and level of burden or restriction on U.S. commerce; and
  • Whether the acts, policies, and practices of Vietnam are actionable under section 301(b) of the Trade Act, and what action, if any, should be taken, including tariff and non-tariff actions.

The Husch Blackwell International Trade and Supply Chain team will continue to monitor and provide updates on this investigation as they become available. If you have company specific questions or concerns, please contact your Husch Blackwell attorney.

Tags: Intellectual Property, Section 301 Investigation, USTR, Vietnam
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Photo of Cortney Morgan Cortney Morgan

An experienced attorney in the area of international trade and supply chain issues, Cortney advises foreign and domestic clients on all aspects of international trade regulation, planning and compliance, including import (customs), export controls, economic sanctions, embargoes, international trade agreements and preference programs.

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Photo of Nithya Nagarajan Nithya Nagarajan

Nithya’s extensive background in U.S. trade issues spans 25 years and includes various roles in a number of federal government agencies, including the Department of Commerce Department of Justice, and the U.S. Court of International Trade. She assists clients with administrative and regulatory…

Nithya’s extensive background in U.S. trade issues spans 25 years and includes various roles in a number of federal government agencies, including the Department of Commerce Department of Justice, and the U.S. Court of International Trade. She assists clients with administrative and regulatory actions before the Department of Commerce, International Trade Commission and U.S. Customs and Border Protection (CBP) and defends clients in appeals before the Court of International Trade, Court of Appeals for the Federal Circuit, NAFTA panels and the World Trade Organization. In addition to her body of U.S. experience, Nithya is also well-versed in international trade issues in China and India.

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Photo of Eric Dama Eric Dama

Eric works closely with in-house counsel and foreign trade teams to help exporters navigate an increasingly complex international trade landscape.

Eric guides U.S. and international companies through export licensing and classification requests, voluntary-self disclosures, international trade due diligence, and other regulatory matters. In…

Eric works closely with in-house counsel and foreign trade teams to help exporters navigate an increasingly complex international trade landscape.

Eric guides U.S. and international companies through export licensing and classification requests, voluntary-self disclosures, international trade due diligence, and other regulatory matters. In addition, Eric helps clients navigate internal and external investigations and enforcement actions, as well as internal compliance and training programs. He works with clients in a variety of sectors and industries, including aviation, manufacturing and equipment, cybersecurity, technology, defense contracting, logistics, energy, consumer products, and healthcare.

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