The Bush administration has refused to overturn a ban on imports of 3G phones using Qualcomm chips, but Qualcomm has vowed to appeal.
The US International Trade Commission imposed the ban after patent-infringement claims by rival chip-maker Broadcom. The ruling blocks some new phones using Qualcomm chips from being imported and sold in the US.
Qualcomm had asked the Bush administration, through US Trade Representative Susan Schwab, to reverse the ban. On Monday, the last day for a presidential veto, Schwab said the administration wouldn't act on Qualcomm's request.
Qualcomm said it will now turn to US Court of Appeals. Last month, that court pushed back Qualcomm's appeal on a technicality, saying it couldn't rule on it until after the presidential review period.
Meanwhile, the company is working with handset makers and carriers on new software intended to minimise the impact of the ban, according to a Qualcomm statement.