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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 u! I9 I# W/ t6 ~上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests. j% ]1 l" h! [# Z# x& R/ R
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* q1 [' D7 h- Bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part& G: y+ L8 J" Q, M6 g' P9 l
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if. P2 J9 A `! C5 e- h' s* t4 D
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to* B# Y8 ^5 R, R$ M
Canada to the time of release;0 o/ Y( y/ L, r ~1 q
(b) the quantity released is less than the quantity in respect of which duties were paid;: h6 S. b5 L3 E3 D; z0 t* g
(c) they are of a quality inferior to that in respect of which duties were paid;9 I9 t& L2 g* ~0 w1 B% z2 R% c! m
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
; f8 `! m% I+ g! D9 K- [tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 `7 Y$ z+ e F- Vcase may be, was made in respect of those goods at the time they were accounted for under2 ?/ q2 T0 N" R! }, E
subsection 32(1), (3) or (5);+ w6 q6 D: s8 p. f, a
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0 q9 F6 p2 J* V1 y) a(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
/ L. v2 p2 P2 M6 u, q& }4 f/ ~preferential tariff treatment under CIFTA was made in respect of those goods at the time they are8 y" O3 H# n0 v) D7 T
accounted for under subsection 32(1), (3) or (5);& @! n& f% K5 s2 C- N E
(d) the calculation of duties owing was based on a clerical, typographical or similar error;2 N! B" E, ]9 t4 \6 S1 C3 x- M
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)1 g6 O9 X7 P5 E( Y t- M
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: z$ L1 E, `- s6 ^! n5 x$ evalue for duty in respect of the goods and the determination has not been the subject of a decision
1 x) g1 p9 t3 A" kunder any of sections 59 to 61;# c% Q7 c- _4 U- l
(f) [not applicable to non-commercial goods];7 f0 B. U; y. V( [6 @
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
9 ?! _5 y9 W/ e(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based- a$ b! w7 x2 ]
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of* T% n% Z+ w* Y7 O
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; `9 D \0 e3 K9 l; [6 s9 d
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
2 m0 ^6 |, ?; Q% X, ]. _2 Lunless written notice of the claim and the reason for it is given to an officer within the prescribed time. A/ H0 W( c/ W% \
(3) No refund shall be granted under subsection (1) in respect of a claim unless. U3 Z# F/ v4 n1 O- `$ R1 V
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: ~. j) |% u' R8 s% c7 W+ S+ l- O2 p
respect of which the claim is made or otherwise verify the reason for the claim; and
8 d- ^1 E+ w# t w+ }9 F(b) an application for the refund, including such evidence in support of the application as may be5 J; d' C8 h+ M; x
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
2 Y+ u9 s5 e& J( J" J# N8 Jprescribed information within; V0 n, E6 n' p
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)) @2 p' A% m# [) g2 @# U# S) W
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and* r+ X9 O5 m3 q- ?0 e; z
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
9 D. k# a6 A. z; z, O, F, f: awere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.: N' M% e1 d1 `0 T
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. p+ }( F4 k( C0 bthis Act as if it were a re-determination under paragraph 59(1)(a) if w, K u! M% j) W7 n' d% \
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# o6 r/ A* j9 M1 nbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! A+ |: B3 G# i3 U. c Q k3 Eeligible for preferential tariff treatment under a free trade agreement; or
. L2 U' w7 Z4 b" I# a3 [' O(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied- f2 h& ~. L; W2 [4 O: p+ G5 F# K
because the origin, tariff classification or value for duty of the goods as claimed in the application is
7 a- ` Z4 g0 e" x4 l; mincorrect.1 p, j4 G' a" b: \, \4 R+ Y" j" P# P
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
y' J }- m: [# S. m- n: e# V(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 Q! j# W) T- v+ X" Q; m8 O4 Yother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it6 E! w* n" r# U3 t; ^( k
were a re-determination under this Act of origin, tariff classification or value for duty.
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