 Vietnam Could Face Section 301 Probe Over IPR Concerns |
Source |
American Shipper |
Post Date |
05/19/2026 |
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For the first time in more than a decade the Office of the U.S. Trade Representative has placed a country (Vietnam) in the highest category of concern over intellectual property rights protection and enforcement, raising the possibility of Section 301 tariffs on imports from that country.
The 2026 Special 301 report examines concerns with respect to
(1) challenges with border and criminal enforcement against counterfeits, including in the online environment,
(2) high levels of online and broad piracy, including through illicit streaming devices,
(3) inadequacies in trade secret protection and enforcement in China, Russia, and elsewhere,
(4) indigenous innovation and forced technology transfer policies that may unfairly disadvantage U.S. right holders in markets abroad, and
(5) other ongoing temic issues regarding IPR protection and enforcement, as well as market access, in many trading partners around the world.
Priority Foreign Country
This year? report identifies Vietnam as a PFC due to its ?ersistent failure?to resolve longstanding concerns about IPR protection and enforcement. USTR states that as a result of this designation it will decide within 30 days whether to initiate a Section 301 investigation based on the grounds identified in this report. If an investigation is initiated USTR will seek to resolve its concerns through consultations with Vietnam.
Priority Watch List
Trading partners on the PWL present the most significant concerns regarding insufficient IPR protection or enforcement or actions that otherwise limit market access for persons relying on IPR protection. Chile, China, India, Indonesia, Russia, and Venezuela remain on the PWL this year. A review of Ukraine, which had appeared on the PWL in 2021, continues to be susped in light of Russia? invasion.
The 2025 Special 301 report added language stating that USTR would review developments in countries that have been on the PWL for multiple years against the benchmarks established in the Special 301 action plans for those countries. For those that failed to address U.S. concerns, USTR said it planned to take ?ppropriate actions,?which could include enforcement actions under Section 301 or pursuant to dispute settlement procedures of the World Trade Organization or other trade agreements.
This year? report includes the same language, though it is worth noting that USTR has not taken any of the enforcement actions threatened in its 2025 report.
Watch List
The following trading partners are the watch list this year and merit bilateral attention to address underlying IPR problems: Algeria, Barbados, Belarus, Bolivia, Brazil, Bulgaria, Canada, Colombia, Ecuador, Egypt, European Union, Guatemala, Mexico, Pakistan, Paraguay, Peru, Thailand, Trinidad & Tobago, and T?kiye.
Argentina and Mexico were moved down from the PWL due to improvements in IPR policy; the EU was added to the WL over concerns about its pharmaceutical legislation, geographical indications, and digital copyrights; and Bulgaria was removed from the WL due to ?ignificant enforcement actions and progress in criminal prosecutions.?
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