In fact, more new NMEs were launched in 2011 than in any of the last ten years.

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Three NMEs were also classified as orphan drugs.

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The United States also has a Countervailing Duty law, which for 22 years up until 2007 had not been applied to imports from countries that, for purposes of the antidumping law, were deemed NMEs.

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In not applying the CVD law to NMEs during that period, the Commerce Department was being consistent: if prices and other market signals are unreliable or fictitious in Country A for purposes of antidumping determinations, then they cannot be reliable or useable for purposes of measuring the benefits of subsidies in Country A in CVD cases.

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