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In California, there might other issues limiting shipment. When I bought my '04 325ci, I had to wait an extra 60 days, and the delay had nothing to do with production. The manual version was not SULEV (due to slightly higher compression ratio than the automatic I think), and each manufacturer can ship only so many non-SULEV cars into the state, so one had wait until that was cleared. But I would assume M3s would get priority over other 3 series non-SULEV cars. Actually, I don't know which cars in BMWs current lineup are SULEV, and which cars aren't.
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