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They must be running it at its minimum frequency all the time. And/or lying about the TDP. I'd assume both

The first point you raises goes with the second. Some obvious prejudice showing through.

It's already been tested to maintain 40W by third-parties...

No, my comment was entirely based on the fact that it apparently uses significantly less power than the CPU alone is rated for.

They have had a license to import Intel chips since the ban, I think it just got renewed too.

very carefully