It’s considered an SUV. Only the M3 SR+ and MY LR and Performance will qualify. Assuming Tesla doesn’t raise prices further to keep more of the credit for themselves the MY LR is a no brainer over the M3 LR as they essentially become the same price and you get significantly more space and usability.
And it’s not that Tesla is left out again, if Tesla lowers prices then more will qualify. Think about brands like Rivian, Lucid, Fisker, and more that will no longer qualify at all and never came close to selling the 200k units.
Also brands like Porsche and Audi and VW, Polestar, even Toyota with the Rav-4 Prime who did qualify and no longer will as their cars are not built in North America.