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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations( p3 |& s9 v, }- x4 Y% d
上面说 非商业 进口 可以免关税?( j! ]7 h0 n1 p: H5 ]4 ?) Y$ b; F
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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+ K; V- h9 k) C$ _Refund Requests
, {, |& ?' o& W: V5 e5 ^# j$ h! i74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 o) M b6 U) T0 ~
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 I, I! Y% Q- V/ W- n ^5 e
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if) X4 L# I/ Z. c, B b
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
# I+ L( Y0 F5 N5 JCanada to the time of release;4 k* A* L* o/ q+ |$ \1 s9 V
(b) the quantity released is less than the quantity in respect of which duties were paid;$ z: ^& j7 H8 f4 ]1 k
(c) they are of a quality inferior to that in respect of which duties were paid;
* d2 k5 J7 n8 |(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 K' @; F% h7 K5 [# Q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 K* E( \2 f" O* {# J
case may be, was made in respect of those goods at the time they were accounted for under
" c: Z/ F' b, x3 E+ Lsubsection 32(1), (3) or (5);, }- |2 }. L4 O# M3 d: ]& C0 ]
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for( }. }& j5 }$ {: J1 i
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
# R4 H4 y& p. l/ T4 e9 B7 qaccounted for under subsection 32(1), (3) or (5);9 u4 o6 m. U( _% X) x7 u) r
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
7 u# r6 ^) U, [+ ?' C% \(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. C! r. s y" w+ ^; yof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
$ P7 w2 B. w7 h/ |. t, e7 Bvalue for duty in respect of the goods and the determination has not been the subject of a decision
; n0 l, T! k7 d( ^5 U0 Y- h2 K/ lunder any of sections 59 to 61;
, ?2 s2 H) A3 l# p& m8 u* t4 O(f) [not applicable to non-commercial goods];
$ Q' M$ s7 a' d8 O# ^) u+ W(g) the duties were overpaid or paid in error for any reason that may be prescribed. @ K, U. x6 @
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based! V' j1 r0 F! |2 M( {5 w: K% k
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of% Y+ V! R+ N! w" m) u
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)., B. v3 W0 K8 f0 B6 _
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim, x1 | G* ~+ B' K0 P) e1 J
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
2 [9 ]7 e( D/ t1 M(3) No refund shall be granted under subsection (1) in respect of a claim unless. v% l5 e7 Y2 c% f' T7 |4 n
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& r& p: j8 z- [, C7 j0 Nrespect of which the claim is made or otherwise verify the reason for the claim; and; k' I9 t f/ @* a) X8 I3 n9 A
(b) an application for the refund, including such evidence in support of the application as may be
6 e/ j+ D, W2 q5 `/ W2 Uprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
1 R6 e* J9 u6 T8 j7 Vprescribed information within5 `/ w! \6 q( S, @3 V2 T3 S! ?
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
' \3 @) ]& e! k ]or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
# u2 S H# \2 [% n* ^(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods9 c3 v2 H J5 ~: l
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
( d+ Y6 |, I$ `( \(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
' Y4 p2 x7 `% w. f9 O9 J2 G mthis Act as if it were a re-determination under paragraph 59(1)(a) if
, S- F1 O; }3 P5 I7 \(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
/ k: W9 e1 ~& vbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
$ Q9 Q2 Y2 e0 Y2 j( x) meligible for preferential tariff treatment under a free trade agreement; or& `3 Q; l- }6 _) S, V
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
; H: z0 ?) _5 x( c3 v" _because the origin, tariff classification or value for duty of the goods as claimed in the application is
) Y/ {, x' ~) c$ iincorrect.- R$ Y3 {- u5 [5 \0 P L
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 [# v5 M! F9 o
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 |' X0 R1 B j* d5 \4 Z& ?
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it1 f- n( H6 j# |# ^ q! k
were a re-determination under this Act of origin, tariff classification or value for duty.* L/ Q9 D( e2 x& U1 y( z
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