USTR Extends China Section 301 Product Exclusions and Vietnam IP Investigation Timeline

On November 10, 2026, the Office of the United States Trade Representative (USTR) published two notices in the Federal Register affecting importers and companies with supply chains in Asia:

• China – product exclusion extensions: USTR further extended all 178 current product exclusions from the additional Section 301 duties imposed in the investigation of China’s acts, policies, and practices related to technology transfer, intellectual property, and innovation. The exclusions, which were set to expire on November 9, 2026, now run through 11:59 p.m. eastern time on January 9, 2027.
• Vietnam – investigation extension: USTR extended by three months its ongoing Section 301 investigation of the Vietnam government’s acts, policies, and practices related to intellectual property (IP) protection and enforcement. Determinations on actionability and what action, if any, to take will now be made by no later than February 28, 2027.

The China exclusion extension is short — roughly two months — and USTR has made no commitment beyond January 9, 2027. Separately, the Vietnam investigation could ultimately result in tariff or non-tariff action. Importers should use this window to confirm exclusion eligibility, model duty exposure, and evaluate sourcing strategies.

China: Product Exclusions Extended

USTR has extended these 178 exclusions — 164 general exclusions and 14 covering solar manufacturing equipment — several times since 2024, most recently through November 9, 2026, following the November 2025 U.S.–China trade deal. Citing ongoing discussions with China, USTR has now extended all of them, unchanged, through January 9, 2027, under its Section 307(a)(1) modification authority.

The extension applies to goods entered for consumption, or withdrawn from warehouse for consumption, from 12:01 a.m. eastern time on November 10, 2026, through 11:59 p.m. eastern time on January 9, 2027, under HTSUS headings 9903.88.69 and 9903.88.70. Scope remains governed by the 10-digit HTSUS numbers and product descriptions in the relevant U.S. notes, and U.S. Customs and Border Protection (CBP) will issue implementation guidance. USTR said it may consider further extensions but made no commitment.

Vietnam: IP Investigation Extended

USTR initiated the investigation on May 29, 2026, after naming Vietnam a priority foreign country in its 2026 Special 301 Report and proposed finding Vietnam’s IP practices actionable under Section 301(b) (for prior coverage, see the trade alert dated June 5, 2026). The Trade Act generally requires determinations within six months but allows nine months when the issues are complex or complicated. USTR invoked that provision, so determinations on actionability and any response are now due by February 28, 2027. The extension is effective November 3, 2026.

Imports from Vietnam are also the subject to Section 301 tariffs of 12.5% under HTSUS item 9903.05.04 effective July 24, 2026. These tariffs were imposed due to Vietnam’s failure to impose and effectively enforce a prohibition on the importation of goods made with forced labor. 

In addition, Vietnam is the subject of one other pending Section 301 investigation: structural excess capacity in manufacturing, which could lead to tariffs or other non-tariff measures. Other countries and economies included in this investigation include Bangladesh, Cambodia, China, India, Japan, Malaysia, Mexico, Norway, Singapore, South Korea, Switzerland, Taiwan, Thailand, and the EU. These investigations are aimed at foreign manufacturing capacity that significantly exceeds domestic and global demand, which are then claimed to cause persistent trade surpluses, underutilized facilities, and displacement of U.S. industry.

BDO Perspective

Because exclusion eligibility depends on when goods are entered or withdrawn from warehouse — not when they are ordered or shipped — goods entered after January 9, 2027, will not benefit unless USTR extends the exclusions again. Companies should consider the following:

• Confirm exclusion eligibility — China: Identify entries claimed under HTSUS headings 9903.88.69 and 9903.88.70, verify each product matches the exclusion description and 10-digit HTSUS number, and monitor CBP guidance;
• Accelerate orders — China: If the exclusions have been confirmed to apply based on the HTSUS codes to be used for imports, place orders now to accelerate shipment and entry dates such that the merchandise clears CBP by January 8, 2027:
• Model post-expiration exposure — China: Estimate the Section 301 duties that would apply to entries after January 9, 2027, and evaluate entry timing and sourcing alternatives; and
• Assess supply-chain exposure — Vietnam: Map imports of Vietnamese-origin goods and consider how actual and potential tariff or non-tariff actions — from the Section 301 forced labor tariffs or the pending Vietnam investigation on structural excess capacity in manufacturing  could affect landed costs, pricing, and contracts.