Most manufacturers have already figured out how to game the chicken tax. For example, Ford installs seats that are removed and destroyed after each Transit Connect reaches the US [0]. I've heard other stories about Subaru doing something similar so that their CAFE metrics weren't screwed.
The story with the Transit Connect is that it counts as a car (for this tax) while it has the seats, but would counts as a truck when configured for cargo.
But if this same tax discourages (say) Toyota from importing SUVs, then they must count as trucks always, even when configured for passengers. So this loophole doesn't help them.
I thought CAFE was a major factor, as (if I understand right) it discourages big powerful cars, but is silent on trucks including SUVs.
I think CAFEs silence on trucks is partially why small 3rd rows have become more popular on crossovers. If there's a third row it qualifies as a truck versus a car or wagon, I believe the same is true of features like 4WD or sufficient ground clearance.
I'm more interested in learning why there's a lacking feedback mechanism for "hey, that's not what we wanted, let's revisit the regulations for what we were trying to achieve".
Subaru already makes the Legacy/Outback domestically. They just complained justifiably when non-trucks like the PT Cruiser were classified as such for CAFE gaming.
[0] https://en.wikipedia.org/wiki/Ford_Transit_Connect#Tariff_ci....