Biden administration allows ban on some Apple Watch imports go into effect

The Biden administration let stand on Tuesday the U.S. International Trade Commission’s ban of imports of Apple Watches that stems from a patent dispute over the devices’ blood oxygen monitor. The decision goes into effect Tuesday.

The technology giant said last week it was “preemptively taking steps to comply” in case the ITC ruling held up. It has.

The pause in sales included the Apple Watch Series 9 and Apple Watch Ultra 2. 

The legal dispute stems from the blood oxygen feature in the devices, which enables Apple Watch users to measure the level of oxygen in their blood. Low blood oxygen levels can lead to serious health problems, according to Cleveland Clinic. 

Apple’s decision came after the ITC ruled that the tech giant had illegally used blood oxygen technology from Masimo, a medical tech company, in the devices and ordered Apple to stop importing them. Neither Apple nor Masimo immediately returned requests for comment.

While a presidential panel reviewed the ITC’s order, Apple preemptively pulled the devices in case the panel upheld the decision. 

“After careful consultations, Ambassador [Katherine] Tai decided not to reverse the ITC’s determination and the ITC’s decision became final on December 26, 2023,” the U.S. Trade Representative said in a Tuesday statement.

Apple can appeal the ban to the U.S. Circuit Court of Appeals.

“Apple strongly disagrees with the order and is pursuing a range of legal and technical options to ensure that Apple Watch is available to customers,” Apple said in an email to CBS MoneyWatch last week. 

Apple began including the pulse oximeter feature in its smart watches with its Series 6 model in 2020.

The ban doesn’t cover the less costly Apple Watch SE, or other previously sold watches.