A new ITC ruling Apple may not be allowed to offer certain iPhone models for sale in the United States by the end of this year, reports Korean outlet ETNews.
The ITC ruled Friday that the Chinese firm BOE, a major Apple display supplier, had infringed on Samsung Display’s trade secrets and should be subject to an import ban. Since Apple uses BOE displays in some of its iPhones, it may not be allowed to import any BOE display-equipped iPhones. Unfortunately, some recent iPhone models do use BOE displays.
“It is a finding of the [Final Initial Determination] that [Samsung Display] has proven by a preponderance of evidence that [BOE and seven subsidiaries] have violated subsection (a)(1)(A)(i) of section 337 of the Tariff Act of 1930, in the importation into the United States, or in the sale of certain organic light-emitting diode display modules and components thereof by reason of misappropriation of trade secrets,” reads the ruling, which can be read on the ITC website.
“This decision recommends: (1) a Limited Exclusion Order with a standard certification provision after a Commission determination on imported products that are manufactured without the use of the misappropriated trade secrets; (2) a Cease-and-Desist Order against each Respondent, both domestic and foreign; and (3) a bond of 100% during the Presidential Review Period.”
While the exclusion order will prevent Apple from bringing in infringing iPhones into the U.S., it will not prevent sale of any inventory already inside U.S. borders.
While this is only a preliminary ruling, it’s extremely rare for preliminary ITC rulings to be overturned by a final ruling.
The ITC ruling doesn’t take effect immediately, and any import ban would begin in November of this year, when a final ruling is made. And, U.S. President Donald Trump could still veto the ruling, so it would be a good idea for Apple to stay off of Trump’s naughty list.
Apple has multiple display suppliers, so it’s tough to say which iPhones may be banned from being shipped into the U.S. It is possible that the iPhone 15, 15 Plus, 16, 16 Plus, and 16e may be affected by the ban, but other companies (including Samsung and LG) may be able to pick up the slack and Apple could do a bit of finagling with its inventory, shipping BOE screen-equipped screens to other markets.
The iPhone 17 and the iPhone 17 Air could possibly be affected, as Apple uses BOE for some non-Pro iPhone models. However, a recent report indicating that Apple will limit the use of BOE displays to China.
A 9to5Mac report offers hope that no iPhones will actually be affected by the ruling, as it likely applies to specific OLED screen types not used in iPhones. Plus, the iPhone 15 is likely to drop out of the iPhone lineup to be replaced by an iPhone 16 model, as Apple traditionally does.