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The x335i has xenons as standard in the US. The 4cyl models have xenon as an option. Otherwise you are correct, many imported models sold in the US do not have xenon as standard.
Xenons are legal in every US state, it's just that US buyers don't necessarily expect them as standard and many imported models are watered down, lacking some features keep costs down so the pricing appeals to a broader set of buyers.
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