Section 301 investigation of Vietnam's IP enforcement faces a November 29 deadline
USTR named Vietnam a priority foreign country in its April 30, 2026 Special 301 Report and opened a Section 301 investigation of its intellectual property protection on May 29, 2026, proposing that the practices are actionable. The law sets a six-month deadline for the determination, November 29, 2026, which USTR can extend.
What this affects
Key dates
- November 29, 2026Six-month deadline for USTR's determination (can be extended)Next
The update
The notice published June 3, 2026 says USTR initiated the investigation on May 29, 2026, after identifying Vietnam as a priority foreign country for denying adequate protection of intellectual property rights and fair market access to companies that rely on it. USTR proposed to determine that the practices are actionable under Section 301(b) and asked for public comments.
For an investigation that follows a priority foreign country designation, Section 304 requires the determinations within six months of initiation, with a possible extension in certain circumstances. No determination or proposed tariff has been published.
Vietnamese goods already pay the 12.5% Section 301 forced-labor duty on top of the ordinary rate.
Impact
Vietnam is the main alternative to China for many consumer goods. A determination could lead to a proposed tariff or other action on Vietnamese products, which would change the China-versus-Vietnam math in landed cost.
What to watch
A determination that the practices are actionable is not a tariff. Any duty would come with its own notice, product scope and comment period. The deadline can be extended.
How to prepare
- 1Watch the Federal Register around November 29
- 2Keep Vietnam quotes current with the 12.5 percent forced-labor duty
- 3Comment if USTR proposes a product list
Sources
- Initiation of Section 301 Investigation and Request for Public Comments: Vietnam's Acts, Policies, and Practices Related to Intellectual Property Protection and Enforcement · Federal Register · June 3, 2026
We summarize published reporting and official notices. Always confirm rates and dates against the Federal Register or your customs broker before acting on them.
