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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
+ u0 t5 u W1 j! X; X _; h- O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( J4 h0 O; [- ^
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Refund Requests) K/ z ]! p: Z% _$ D- e- [
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
' u) s4 L2 }& Z% E8 h' M, ]paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
3 m! H- F" ^1 _. eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
% h0 T$ ~, t, d2 ~7 b( o(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to( c+ |3 I$ Q+ I# g; W
Canada to the time of release;
. S" B- D- z" ?* I% @(b) the quantity released is less than the quantity in respect of which duties were paid;
6 o% i0 J4 C% ?2 M* y9 s(c) they are of a quality inferior to that in respect of which duties were paid;
$ a9 d- @1 |8 _0 l2 W/ u(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& ^. }7 I3 i. ^) ftariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the- m+ k5 {- J- j* v( Z& V
case may be, was made in respect of those goods at the time they were accounted for under
& I9 c r; @1 T% W. {( Ssubsection 32(1), (3) or (5);9 }* ?0 L+ d: L+ I" C
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
, {! q, g# p& X: rpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ }1 r' G3 T/ M/ Raccounted for under subsection 32(1), (3) or (5); Z+ ? P; Z6 ~ I* e U. M# S
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
' m1 _ m# ]: C1 }. s(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 B6 A& c4 A8 q" Y0 k: v
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or+ _. _% e1 w# D- z( J% B/ {+ Y
value for duty in respect of the goods and the determination has not been the subject of a decision
; l6 U. T' Y t! ?* c5 Hunder any of sections 59 to 61;
. s2 @. l2 G8 P4 ]5 n# Z' K f6 ^' m(f) [not applicable to non-commercial goods];
+ P- A8 A8 s+ q(g) the duties were overpaid or paid in error for any reason that may be prescribed." l! L' ~, S( w/ G! Y- ^$ J
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
% y/ ~3 q2 W% `6 x% g1 pon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ B* e! L4 x- o% W9 T
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).9 C+ F1 o) I8 |
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim X& d' o5 p/ D
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
% \5 T1 a0 u+ Y0 d' F/ p% T0 R0 p6 i' {(3) No refund shall be granted under subsection (1) in respect of a claim unless. y0 g* f0 g, P) X
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) D' j/ q" \( N+ g/ Urespect of which the claim is made or otherwise verify the reason for the claim; and
$ L0 e$ a% s' [9 U$ a, R(b) an application for the refund, including such evidence in support of the application as may be) r( W% T6 @/ B3 Y3 S( ^
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
* ^! k( {: W* u2 m, `prescribed information within/ M( Q. E2 \, m: D3 J' g
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
. f6 `/ c8 ]6 E5 `% L7 U& uor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and# s3 v) V& }1 ?( a
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods l1 b' h+ r0 U8 ~
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.1 A& H1 m% L/ n' D
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! B2 B- h( U$ Q. l! ?this Act as if it were a re-determination under paragraph 59(1)(a) if
3 v" O8 H, @% h(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( J6 B1 b, m$ B/ s
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* H) h% Y0 \" @
eligible for preferential tariff treatment under a free trade agreement; or9 Q# s% r$ L# B( Y* E
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
- o# p; h1 @4 z6 G# Bbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
. P9 c$ b9 X+ F( [incorrect.
6 {* V8 k! q9 m D8 r(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 [; {; B: F( S$ U$ n0 s(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
/ i2 N& I3 E, [- u' M+ {other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" {- m8 H9 Z$ s* u/ f+ U. _
were a re-determination under this Act of origin, tariff classification or value for duty.5 X$ M5 W( a; S' o& L9 g; n# O
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