Nahoa and WTT, I hope you guys are right, but my car was built in late April and I know I don't have variable dampers. I special ordered the sport suspension (stiffer springs and shocks) similar to what's offered in other countries. I do have the the toggle.
Also here is Judd Holland's post where he covers this.
http://x3.xbimmers.com/forums/showthread.php?t=532984
Again I hope WTT And Nahoa*are right, but when was the change implemented?
*Nahoa, if you're right I have been hosed as well.