As you seem to be well aware, that's only true on iOS, not Android. It's Apple's fault that their users can't install apps from companies that don't have a business relationship with Apple, not the government's. (Except perhaps to the extent that the government has allowed Apple to get away with having such user-freedom-destroying restrictions in the first place, but that's an entirely different discussion.)
It's a bit like saying Google didn't "ban" Fortnite from Android because you can still access the app thru sideloading. Ultimately if it walks like a duck, quacks like a duck and talks like a duck, it's a duck.
It's definitely banned from the App Store, and any other US business. Just not from the country, because I agree that would be a violation of US citizens' rights (Not TikTok's. They're a foreign company, not a US citizen.) and therefore unconstitutional.
Technically correct and legally correct are two distinct things. Just because something is technically true doesn't mean we ignore the harsh reality in the court of law. It's a TikTok ban, and trying to "Um Actually" your way around it is ignorance at how the legal system works.
