The following communication, dated 29 October 2025, was sent to Ms Gael Grooby, Director, Policy and Standards, of the World Customs Organization (WCO), from Mr Andrei Rusu, Chairperson of the Committee of Participants on the Expansion of Trade in Information Technology Products (ITA Committee). It is being circulated at his request.

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29 October 2025

Re: Technical Opinions Regarding Classification Divergences of 22 ITA Products

Dear Ms Gael Grooby,

I am writing to you regarding the ongoing discussions on classification divergence issues at the WTO's Committee of Participants on the Expansion of Trade in Information Technology Products (ITA Committee).

As you are aware, when the Ministerial Declaration on Trade in Information Technology Products (Information Technology Agreement – ITA) (_WT/MIN(96)/16) was agreed by its signatories, 55 ITA products were defined by description rather than by HS code. In consequence, the issue of classification divergence has been on the agenda of the ITA Committee since its establishment.

In the first few years following the ITA Agreement's entry into force in 1997, the ITA Committee discussed common HS six‑digit classification for these products. The Committee subsequently took two Decisions, namely the Decision for the Classification of Certain Attachment B Products, in document _G/IT/27, and the Decision for the HS2007 Classification of 15 Additional "Attachment B" Products, in document _G/IT/29; these two Decisions were agreed in 2013 and 2016, respectively. In this process, the World Customs Organization (WCO) provided valuable technical input that greatly contributed to the finalization of these two Decisions, as is recognized and highly appreciated by all ITA Participants.

Nevertheless, the classification of 22 outstanding products remains to be addressed. Considering how the HS nomenclature has evolved over the past 28 years, the rapid developments in information technology in this time, and the core issue of how to secure the ITA's comprehensive implementation, the ITA Committee now deems it necessary to determine the six‑digit HS 2022 nomenclature for these products.

In this regard, the WTO Secretariat's ITA team prepared a technical note, for the Committee's review, on Divergences of Classification: Possible HS 2022 Classification for the Remaining 22 "Attachment B" Items and the Way Forward, circulated in document _JOB/IT/43. The Secretariat then circulated an additional technical note, on Divergences of Classification: Evolution in HS Classification on the 33 "Attachment B" Items Listed in Documents _G/IT/27 and _G/IT/29, in document _JOB/IT/46. These two documents are attached to this letter, for your convenience.[1]

The ITA Committee invites and would greatly appreciate your comments on these two documents, particularly regarding the possible tariff classification of these products in HS 2022. We believe that the WCO's expertise and input would provide critical guidance to ITA Participants and help advance this long‑standing issue towards convergence. For my part, I believe that your input and comments on the two technical notes will greatly facilitate the relevant discussions on this subject in the ITA Committee.

Finally, I take this opportunity to underscore, on behalf of myself, the ITA Committee, and the ITA team of the WTO Secretariat, our deep and abiding appreciation for the close cooperation over many years between the WTO's ITA Committee and the WCO's HS Committee. I also recall that the WCO has enjoyed observer status in the ITA Committee since 1997. In this connection, I would like to reiterate our standing invitation to you and your colleagues to participate in our Committee's future meetings and to share any related developments in HS nomenclature.

I look forward to hearing from you at your earliest convenience.

Yours sincerely,

Mr Andrei RUSU

Chairperson, ITA Committee

World Trade Organization

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