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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 O: ]% \1 j6 h) h Y上面说 非商业 进口 可以免关税?, r+ y* V1 \1 b" N
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1 d, }: t. r/ chttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests6 y6 _' u) M# `# x y! x
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 P7 ]; O& }3 p* m# T4 E9 l) ~
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
0 R& u$ _) K$ V. D/ Wof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" L4 u, w4 I) G" ~(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
0 h" y" w, o6 p- NCanada to the time of release;
# v2 g5 Q: }- U- u& N(b) the quantity released is less than the quantity in respect of which duties were paid;
3 m/ a0 x8 @. \7 T% i(c) they are of a quality inferior to that in respect of which duties were paid;
5 r% O2 G+ k6 N M0 P. n(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- Z; q8 B! B, J0 s7 wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 N, o$ h; P1 t% icase may be, was made in respect of those goods at the time they were accounted for under/ p' t" w! }* T ^7 V
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' _: B& g' h6 D! F' V( `9 \5 u
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
! e Z. a" {( a+ h; saccounted for under subsection 32(1), (3) or (5);) ] ]) _- z) m0 q5 S* z
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
" ^ g% z y7 ^) K3 `( }(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
& y2 Z% Q3 ~: oof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, m& k L$ s% _ u* w: }
value for duty in respect of the goods and the determination has not been the subject of a decision3 {0 ?; f( \) n0 b- R N
under any of sections 59 to 61;/ l8 b. q5 j/ P! ]
(f) [not applicable to non-commercial goods];
~" `' P2 e( s/ ^+ r1 p& M(g) the duties were overpaid or paid in error for any reason that may be prescribed.% p" h/ R1 {, u3 R) r1 P! a, ?- w
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' R# I/ ] p0 s) P2 h6 }
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ _2 o% \1 ~- wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).5 o) _0 k# w5 J5 F6 ~7 K z
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim: Q! [( i9 n: D- Z0 F
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.# k& @) c8 j/ o* @) T
(3) No refund shall be granted under subsection (1) in respect of a claim unless8 ~1 T& D& W6 r# s. v( ]
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: B" T q1 a2 ]
respect of which the claim is made or otherwise verify the reason for the claim; and
4 O! `0 t J! \; T(b) an application for the refund, including such evidence in support of the application as may be/ D1 t( W# {! f3 B7 h9 ^9 E
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: [# Y+ B4 G1 b( X+ Bprescribed information within
5 k8 H, l. [' g4 q! e: L1 W(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, J2 h) O/ l) E- z# ~or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and4 T, \; X5 m! s. H
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods$ i1 u- K. q4 k; Y5 c% E6 D, F
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 J( K6 |4 P/ Q% M S. Q(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; O p, o( `* Y( _' K6 X, h
this Act as if it were a re-determination under paragraph 59(1)(a) if; d% R; ~! b$ N0 M/ T
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied" j D V1 M; {. C
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& \: [3 y) H" K* G. w* @. S: D
eligible for preferential tariff treatment under a free trade agreement; or! z$ @4 x$ g+ P+ b3 D
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
; j9 j# x& r8 q# Wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
7 Q2 h7 E w( D4 b' h: }incorrect.
% W+ B% ?) X. r6 n3 Y5 D% |(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
( `2 ?0 K& K2 _. ^/ R$ G* u(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground/ G! W+ p! [9 V5 R3 q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
; m- `7 V% \: G X1 }3 Fwere a re-determination under this Act of origin, tariff classification or value for duty.
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