Request for Comments and Notice of a Public Hearing Regarding the 2026 Special 301 Review

On December 11, 2025, the Office of the United States Trade Representative published in the Federal Register (90 FR 57519) Request for Comments and Notice of a Public Hearing Regarding the 2026 Special 301 Review.

4Each year, the Office of the United States Trade Representative (USTR) conducts a review to identify countries that deny adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to U.S. persons who rely on IP protection. Based on this review, the U.S. Trade Representative determines which, if any, of these countries to identify as Priority Foreign Countries. USTR requests written comments that identify acts, policies, or practices that may form the basis of a country’s identification as a Priority Foreign Country or placement on the Priority Watch List or Watch List.

DATES: January 28, 2026 at 11:59 p.m. EST: Deadline for submission of written comments, hearing statements, and notices of intent to appear at the hearing from the public.

Request for Comments and Notice of a Public Hearing Regarding the 2024 Special 301 Review

On December 6, 2023, the Office of the U.S. Trade Representative published in the Federal Register (88 FR 84869 Request for Comments and Notice of a Public Hearing Regarding the 2024 Special 301 Review

Each year, the Office of the United States Trade Representative (USTR) conducts a review to identify countries that deny adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to U.S. persons who rely on IP protection. Based on this review, the U.S. Trade Representative determines which, if any, of these countries to identify as Priority Foreign Countries. USTR requests written comments that identify acts, policies or practices that may form the basis of a country's identification as a Priority Foreign Country or placement on the Priority Watch List or Watch List.

Request for Comments and Notice of a Public Hearing Regarding the 2023 Special 301 Review

On December 15, 2022, the Office of the U.S. Trade Representative published in the Federal Register (87 FR 76660) Request for Comments and Notice of a Public Hearing Regarding the 2023 Special 301 Review.

Each year, the Office of the United States Trade Representative (USTR) conducts a review to identify countries that deny adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to U.S. persons who rely on IP protection. Based on this review, the U.S. Trade Representative determines which, if any, of these countries to identify as Priority Foreign Countries. USTR requests written comments that identify acts, policies, or practices that may form the basis of a country’s identification as a Priority Foreign Country or placement on the Priority Watch List or Watch List.

USTR Request for Comments and Notice of a Public Hearing Regarding the 2022 Special 301 Review

On December 13, 2021, the Office of the U.S. Trade Representative published in the Federal Register (86 FR 70885) Request for Comments and Notice of a Public Hearing Regarding the 2022 Special 301 Review.

Each year, the Office of the United States Trade Representative (USTR) conducts a review to identify countries that deny adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to U.S. persons who rely on IP protection. Based on this review, the U.S. Trade Representative determines which, if any, of these countries to identify as Priority Foreign Countries. USTR requests written comments that identify acts, policies, or practices that may form the basis of a country’s identification as a Priority Foreign Country or placement on the Priority Watch List or Watch List.

China's Implementation Steps of Phase One Agreement "Fall Short," Says USTR

On April 30, 2021, The Office of the United States Trade Representative (USTR) released its annual Special 301 Report on the adequacy and effectiveness of trading partners' protection of intellectual property rights and the findings of its Review of Notorious Markets for Counterfeiting and Piracy (the Review), which highlights online and physical markets that reportedly engage in and facilitate substantial trademark counterfeiting and copyright piracy.

The Special 301 Report (Report) is the result of an annual review of the state of intellectual property (IP) protection and enforcement in U.S. trading partners around the world, which the Office of the United States Trade Representative (USTR) conducts pursuant to Section 182 of the Trade Act of 1974, as amended (the Trade Act, 19 U.S.C. § 2242). Congress amended the Trade Act in 1988 specifically “to provide for the development of an overall strategy to ensure adequate and effective protection of intellectual property rights and fair and equitable market access for United States persons that rely on protection of intellectual property rights.” In particular, Congress expressed its concern that “the absence of adequate and effective protection of United States intellectual property rights, and the denial of equitable market access, seriously impede the ability of the United States persons that rely on protection of intellectual property rights to export and operate overseas, thereby harming the economic interests of the United States.”

This Report provides an opportunity to put a spotlight on foreign countries and the laws, policies, and practices that fail to provide adequate and effective IP protection and enforcement for U.S. inventors, creators, brands, manufacturers, and service providers, which, in turn, harm American workers whose livelihoods are tied to America’s innovation-driven sectors. The Report identifies a wide range of concerns, including: (a) challenges with border and criminal enforcement against counterfeits, including in the online environment; (b) high levels of online and broadcast piracy, including through illicit streaming devices; (c) inadequacies in trade secret protection and enforcement in China, Russia, and elsewhere; (d) troubling “indigenous innovation” and forced technology transfer policies that may unfairly disadvantage U.S. right holders in markets abroad; and (e) other ongoing, systemic issues regarding IP protection and enforcement, as well as market access, in many trading partners around the world. Combatting such unfair trade policies will encourage domestic investment inthe United States, foster American innovation and creativity, and increase economic security for American workers and families.

The Special 301 Subcommittee received stakeholder input on more than 100 trading partners, but focused its review on those submissions that responded to the request set forth in the notice published in the Federal Register to identify whether a particular trading partner should be named as a Priority Foreign Country, placed on the Priority Watch List or Watch List, or not listed in the Report. Following extensive research and analysis, USTR has identified 32 trading partners as follows:

Priority Watch List

• Argentina
• Chile
• China
• India
• Indonesia
• Russia
• Saudi Arabia
• Ukraine
• Venezuela

Watch List

• Algeria
• Barbados
• Bolivia
• Brazil
• Canada
• Colombia
• Dominican Republic
• Ecuador
• Egypt
• Guatemala
• Kuwait
• Lebanon
• Mexico
• Pakistan
• Paraguay
• Peru
• Romania
• Thailand
• Trinidad and Tobago
• Turkey
• Turkmenistan
• Uzbekistan
• Vietnam

With regard to China, tThe United States has been closely monitoring China’s progress in implementing its commitments under the United States-China Economic and Trade Agreement (Phase One Agreement). In 2020, China published several draft IP-related legal and regulatory measures and finalized over a dozen measures. Notably, China amended the Patent Law, Copyright Law, and Criminal Law in the past year. However, these steps toward reform require effective implementation and fall short of the full range of fundamental changes needed to improve the IP landscape in China.

Request for Comments and Notice of a Public Hearing Regarding the 2021 Special 301 Review

On December 15, 2020, the Office of the United States Trade Representative published in the Federal Register (85 FR 81263) [Docket Number USTR–2020–0041] Request for Comments and Notice of a Public Hearing Regarding the 2021 Special 301 Review.

Each year, the Office of the United States Trade Representative (USTR) conducts a review to identify countries that deny adequate and effective protection of intellectual property (IP) rights or deny fair and equitable market access to U.S. persons who rely on IP protection. Based on this review, the U.S. Trade Representative determines which, if any, of these countries to identify as Priority Foreign Countries. USTR requests written comments that identify acts, policies, or practices that may form the basis of a country’s identification as a Priority Foreign Country or placement on the Priority Watch List or Watch List.

Timeline--

January 28, 2021 at 11:59 p.m. EST: Deadline for submission of written comments from the public.

February 11, 2021 at 11:59 p.m. EST: Deadline for submission of written comments from foreign governments.

February 22, 2021: Deadline for the Special 301 Subcommittee of the Trade Policy Staff Committee (Subcommittee) to pose questions on written comments.

March 5, 2021 at 11:59 p.m. EST: Deadline for submission of commenters’ responses to questions from the Subcommittee.

On or about April 30, 2021: USTR will publish the 2021 Special 301 Report within 30 days of the publication of the National Trade Estimate Report.

2017 Special 301 Out-of-Cycle Review of Thailand: Request for Comments

The Office of the United States Trade Representative ("USTR") is conducting a Special 301 Out-of-Cycle Review of Thailand. USTR requests written comments concerning any act, policy, or practice that is relevant to the decision regarding whether and how USTR should identify Thailand based on Thailand's protection for intellectual property rights or market access Thailand provides to U.S. persons who rely on intellectual property protection.

DATES:

October 20, 2017, at 11:59 p.m. Eastern Time: Deadline for submission of written comments.

October 27, 2017, at 11:59 p.m. Eastern Time: Deadline for submission of written comments from foreign governments.

Pursuant to Section 182 of the Trade Act of 1974 (19 U.S.C. 2242), USTR must identify countries that deny adequate and effective protection for intellectual property rights (IPR) or deny fair and equitable market access to U.S. persons who rely on intellectual property protection. USTR will identify the countries that have the most onerous or egregious acts, policies, or practices and whose acts, policies, or practices have the greatest adverse impact (actual or potential) on relevant U.S. products as Priority Foreign Countries. Acts, policies, or practices that are the basis of a country's designation as a Priority Foreign Country normally are the subject of an investigation under the Section 301 provisions of the Trade Act (19 U.S.C. 2411 et seq.). USTR may not identify a country as a Priority Foreign Country if that country is entering into good faith negotiations or making significant progress in bilateral or multilateral negotiations to provide adequate and effective IPR protection. In addition, USTR has created a ``Priority Watch List'' and a ``Watch List'' under the Special 301 provisions. Placement of a trading partner on the Priority Watch List or Watch List indicates that particular problems exist in that country with respect to IPR protection, enforcement, or market access for persons relying on intellectual property. Countries placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas.

An Out-of-Cycle Review (OCR) is a tool that USTR uses to encourage progress on IPR issues of concern. It provides an opportunity for heightened engagement with a trading partner to address and remedy such issues. Successful resolution of specific IPR issues of concern or lack of action on such issues can lead to a change in a trading partner's identification on a Special 301 list outside of the typical period for the annual Special 301 Report. USTR may conduct OCRs of other trading partners as circumstances warrant or as requested by the trading partner.

In the 2017 Special 301 Report, USTR placed Thailand on the Priority Watch List but noted that the United States was prepared to review that status if Thailand continued to take positive steps and made substantial progress in addressing the concerns described in the Report. Thailand has requested that USTR conduct an OCR in light of its efforts to achieve substantial progress.