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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 11 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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<p>On May 29, 2026, the U.S. Trade Representative (USTR) announced that it was launching an investigation of Vietnam under Section 301 of the Trade Act of 1974. The investigation will seek to determine &ldquo;whether Vietnam&rsquo;s persistent failure to resolve long-standing concerns about intellectual property (IP) protection and enforcement is unreasonable or discriminatory and burdens or restricts U.S. commerce.&rdquo;&nbsp;U.S. Trade Representative Jamieson Greer stated, &ldquo;While Vietnam has recently taken some steps toward addressing IP concerns that the United States has chronicled over many years in USTR&rsquo;s Annual Special 301 Report, IP infringement in Vietnam continues to impair the competitive position of U.S. innovators and creators,&rdquo;&nbsp;<em>See </em>USTR&rsquo;s <a href="https://ustr.gov/sites/default/files/files/Press/Releases/2026/2026%20Special%20301%20Report.pdf" target="_blank" rel="noreferrer noopener">2026 Special 301 Report</a> for more details.</p>
<p>Under Section 301, actionable matters include acts, policies, and practices of a foreign country that are unreasonable or discriminatory and burden or restrict U.S. commerce.&nbsp;The <a href="https://ustr.gov/sites/default/files/files/Press/Releases/2026/USTR%20301%20Vietnam%20IP%20FRN.pdf" target="_blank" rel="noreferrer noopener"><em>Federal Register</em></a> notice announcing this Section 301 investigation indicates that Vietnam since at least 2020 has &ldquo;failed to make meaningful progress&rdquo; on these IP issues in bilateral engagement, including in recent negotiations for an Agreement on Reciprocal, Fair, and Balanced Trade. <em>See </em>Thompson Hine Update of <a href="https://www.thompsonhinesmartrade.com/2025/10/u-s-vietnam-agree-to-framework-agreement-on-reciprocal-trade/">October 28, 2025</a>.&nbsp;</p>
<h2 class="wp-block-heading">Investigation Timeline</h2>
<p>Upon initiation of an investigation, the USTR must first seek consultations with the countries or trade partners subject to the investigations. The USTR must also seek public comment and hold a hearing on the matter. Below is the current schedule:</p>
<ul class="wp-block-list">
<li>April 30, 2026: The USTR identified Vietnam as a priority foreign country in the 2026 Special 301 Report.</li>
<li>May 29, 2026: USTR opened the docket for submission of written comments.</li>
<li>July 2, 2026, at 11:59 p.m. EDT: To be assured of consideration, submit written comments by this date.</li>
</ul>
<p>Interested parties should submit documents in response to this notice, including written comments, through the online USTR portal:&nbsp;<a href="https://comments.ustr.gov/s/" target="_blank" rel="noreferrer noopener">https://comments.ustr.gov/s/</a>&nbsp;on Docket No. USTR-2026-0364.&nbsp;The Federal Register notice does not indicate whether a public hearing on this investigation will be held.</p>
<h2 class="wp-block-heading">Request for Public Comments</h2>
<p>Interested parties are invited to submit written comments on any issue covered by the investigation. The USTR particularly requests comments regarding:</p>
<ul class="wp-block-list">
<li>The following acts, policies, and practices of Vietnam:
<ol start="1" class="wp-block-list">
<li>the failure to provide persistent and effective enforcement to combat online piracy.</li>
<li>the failure to provide sufficient enforcement against widespread counterfeiting.</li>
<li>the lack of effective border enforcement, including failure to utilize ex officio authority for IP seizures and lack of ex officio authority over in-transit goods.</li>
<li>the lack of enforcement actions against unlicensed software use.</li>
<li>the lack of criminal measures against cable and satellite signal theft.</li>
</ol>
</li>
<li>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.</li>
<li>Whether the acts, policies, and practices of Vietnam are unreasonable or discriminatory.</li>
<li>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.</li>
<li>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.</li>
</ul>

core/freeform

SmarTrade

Senior Legislative and Regulatory Policy Advisor

Scott E. Diamond

Partner

David M. Schwartz

Samir D. Varma

Francesca M.S. Guerrero

International Trade

USTR Launches Section 301 Investigation into Vietnam’s Acts, Policies, and Practices Related to Intellectual Property