Bimmers and Mercedes escape 35 mpg mandate

From the Wall St. Journal. Dunno how they managed this, I mean Bimmer and Mercedes aren't US companies. You'd think well connected Detroit car companies would be the ones to get a prime loophole like this one. How do German companies land a plum like this? The Obama administration proposes to let any company that sells less than 400,000 (that's right four hundred thousand!) vehicles a year in the US off the 35 mpg deathwish.
Industry lobbyists call this the "German provision". It also helps the smaller Japanese makers like Suzuki and Mitsubishi.
Geez, GM ought to declare Cadillac a small company that sells less than 400,000 cars a year.