Third Section 301 Probe Launched Against Vietnam

The Office of the U.S. Trade Representative has initiated a Section 301 investigation that will seek to determine whether Vietnam’s persistent failure to resolve longstanding concerns about intellectual property protection and enforcement is unreasonable or discriminatory and burdens or restricts U.S. commerce.

Vietnam is also the subject of two other ongoing Section 301 investigations concerning (1) the alleged failure to impose and effectively enforce a ban on the importation of goods produced with forced labor and (2) structural excess capacity and production in manufacturing sectors. Any of these three investigations could result in the imposition of additional tariffs or other measures against imports from Vietnam.

In connection with the IPR investigation, written comments will be accepted through July 2 on the following topics. A final determination is due by Nov. 29

– the acts, policies, and practices underlying Vietnam’s designation as a priority foreign country in USTR’s most recent annual Special 301 report on IPR issues

– other acts, policies, and practices of Vietnam related to the denial of adequate and effective IPR protection and the denial of fair and equitable market access to persons that rely on IPR 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 such burden or restriction

– whether the acts, policies, and practices of Vietnam are actionable under section 301(b) of the Trade Act and what, if any, action should be taken, including tariff and non-tariff actions