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House subcommittee hearing presses for permanent WTO e-commerce moratorium ahead of MC14
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Summary
Members and witnesses urged U.S. leadership at the WTOs MC14 to secure a permanent moratorium on customs duties for electronic transmissions, arguing a lapse would harm U.S. digital exporters and small businesses and that bilateral/plurilateral leverage may be needed to lock in commitments.
Chairman Warren opened a House Ways and Means subcommittee hearing stressing U.S. priorities for the World Trade Organizations 14th ministerial (MC14), including a push to make permanent the long-standing WTO moratorium on customs duties for electronic transmissions. "We should not concede core American priorities," the chair said, urging concrete proposals and oversight.
Steven Ezell of the Information Technology and Innovation Foundation told the panel the moratorium matters to U.S. exporters and the digital economy. "We must make the moratorium permanent," he said, citing figures showing digitally delivered services account for a large share of U.S. exports and millions of American jobs. Ezell warned that allowing the moratorium to lapse could reduce U.S. digital exports and open the door to new tariffs on data transfers.
Witnesses and members discussed two paths to preserve digital trade protections: secure a permanent multilateral agreement at MC14 or use bilateral and plurilateral leverage to lock in commitments. Kelly Ann Shaw, a former U.S. trade negotiator, said the United States can use bilateral deals to extract commitments and that accepting a narrower WTO role focused on committee work and transparency is a realistic strategy when consensus is unattainable. "Accepting the status quo is not a concession. It's a strategy to better advance American interests," Shaw testified.
Members raised concerns about digital protectionism beyond customs duties, including data-localization rules and regulatory measures such as the EUs Digital Markets Act. Ezell recommended the U.S. press for WTO text or pledges that prohibit data localization and protect source code and cross-border data flows, and to expand the Information Technology Agreement to lower tariffs on ICT products.
The hearing underscored bipartisan urgency: members on both sides said an e-commerce moratorium lapse would raise costs for U.S. firms and small exporters. Lawmakers asked witnesses about enforcement options if multilateral consensus proved elusive; witnesses suggested combining WTO engagement with targeted bilateral, plurilateral, or trade-law tools.
The subcommittee left next steps procedural: members have two weeks to submit written questions and witnesses' full statements will remain in the written record.

