The FSF will need to infer an intention to decide whether it’s an RYF device. And certainly they will base that on evidence just as I have. Remember that Debian isn’t an FSF approved distro simply because they have a non-Free repository available (even though it is disabled by default) and FSF judged that the availability implied their intention. And the RYF exception for embedded firmware is about intention Respects Your Freedom (RYF) certification requirements | RYF .
However, there is one exception for secondary embedded processors. The exception applies to software delivered inside auxiliary and low-level processors and FPGAs, within which software installation is not intended after the user obtains the product. This can include, for instance, microcode inside a processor, firmware built into an I/O device, or the gate pattern of an FPGA. The software in such secondary processors does not count as product software.
Or I can personally decide that in my judgment it is not deserving of a RYF certification. I can do that regardless of the FSF’s decision … if they ever make one. As far as I know, the FSF already decided that it wasn’t RYF and neither Purism nor the FSF has revealed this. Questions about this have been around a long time: RYF certification L5 and IMO the long wait looks bad.