Well, to be fair, Apple is trying to lean on a legal provision that is available to the ITC. I don't blame them for trying to persuade the ITC, rather than rolling over and accepting the exclusion order.
(d)Exclusion of articles from entry
(1)
If the
Commission determines, as a result of an investigation under this section, that there is a violation of this section, it shall direct that the
articles concerned, imported by any person violating the provision of this section, be excluded from entry into the
United States,
unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry.