As a result of an International Trade Commission ruling banning Apple from importing Apple Watch Series 9 and Ultra 2 watches into the United States, the company told 9to5Mac on December 18th that it would pull the two models from its online store on December 21st and from retail stores after December 24th, which it did. The ITC’s ruling was subject to a potential veto by U.S. President Biden by December 25th, but today, the Office of the U.S. Trade Representative issued a statement that it has decided against vetoing the ITC ruling, meaning that the ruling is now final.

In a statement to Reuters, an Apple representative said:

We strongly disagree with the USITC decision and resulting exclusion order, and are taking all measures to return Apple Watch Series 9 and Apple Watch Ultra 2 to customers in the U.S. as soon as possible.

The company also confirmed to Reuters that it had filed an appeal of the ITC’s ruling. Last week, the ITC declined to put the ban on hold pending the appeal.

Without a veto, no stay pending Apple’s appeal of the ITC’s ruling, and Apple’s quarterly earnings report roughly five weeks away, Masimo appears to be in a strong position to extract a favorable licensing deal from Apple unless the company can find a software or other solution to the dispute.