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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 I9 O7 V, I3 i
上面说 非商业 进口 可以免关税?! N3 G3 o/ u8 n$ z2 ~& X0 }
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf' D& Z7 B' v: q4 ^- R* L
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( m g l0 G' k9 ]& iRefund Requests
* a5 e2 h6 e+ C74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" N1 i: B$ [) s( Rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 ?- m# Y* ~+ E4 x: t6 Jof those duties, and the Minister may grant to that person a refund of all or part of those duties, if) t( K$ q- i6 F
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to [" V/ u8 g2 _4 D
Canada to the time of release;
( ?4 e& {' V3 h/ _; B6 L1 U(b) the quantity released is less than the quantity in respect of which duties were paid;
- d! q, Y' ?1 Y, e+ `; {(c) they are of a quality inferior to that in respect of which duties were paid;
3 Y; n* E, Z1 j4 y" f(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 M, | ^, C* @( t% G1 gtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
2 X, S. f5 Y" ]- o$ X! i! G2 gcase may be, was made in respect of those goods at the time they were accounted for under9 H/ k6 f: S% i
subsection 32(1), (3) or (5);/ f) Y3 _% w5 i! d" l9 E
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for+ r9 V7 q4 e4 o0 W6 Z# S1 N) B
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
: e2 t, O1 A% m& x% H# m( Faccounted for under subsection 32(1), (3) or (5);& n# \, J4 a0 a
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
g# x5 |4 V# E! p3 T(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)& o. E* a, h k. [/ \: P& q
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 ~- G/ O& |4 f7 K" g. c- dvalue for duty in respect of the goods and the determination has not been the subject of a decision
" q' g( {" k1 b1 \& {under any of sections 59 to 61;
: v) e3 z" Y" H0 M) _ Z, N(f) [not applicable to non-commercial goods];
9 l5 h) h( v8 G& }- J(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 P/ C i* y0 \% z6 O# k! J- Q
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% E& Y7 U! l) D, H) O$ a+ A& j7 y
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
" H& p g! q" K. b9 ]this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 `* V4 A/ w7 ?, e% r9 a
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
$ S. Z J! w4 W# N+ z/ Aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ F2 P- l% x; ~! u+ d' B(3) No refund shall be granted under subsection (1) in respect of a claim unless# j% s! g6 J+ T" L
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in G+ w, u1 f/ [2 T
respect of which the claim is made or otherwise verify the reason for the claim; and1 h' h( F4 u4 J$ \: U
(b) an application for the refund, including such evidence in support of the application as may be/ S9 b% o' T; D, [3 r( B
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) Z, d& f) y" X# B" eprescribed information within
: E7 x& R1 \% N" e2 l(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
8 h& }8 o: H8 [" ?- C4 E- ror (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and4 J( O/ m: b( Y& a% }. `
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& t5 l8 P0 L: ~! X" t7 U
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 z; H5 w7 I! V1 }2 L2 l4 a' N
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of7 y' N* b+ @; R7 I
this Act as if it were a re-determination under paragraph 59(1)(a) if
: L, ?: K$ r% w& v(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 _) A9 V! l, e7 Gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not1 E+ A% ^& I8 J) v! M
eligible for preferential tariff treatment under a free trade agreement; or
$ Q8 i7 _0 B& D" S l: _5 T/ B5 ^(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" [( c: }/ R" ?0 lbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
8 M/ M. ]( K2 Z {6 `& G- u( `incorrect.
/ i2 p# m# E4 ~(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; a7 |$ [" l3 y1 v
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
$ ]3 C* ^* t, ~$ e4 x$ vother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it: o1 T/ \0 J' b$ L7 T9 b8 t6 k
were a re-determination under this Act of origin, tariff classification or value for duty.
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