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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
" C' F, C0 w$ a2 x4 o% s上面说 非商业 进口 可以免关税?5 a$ a" E9 r2 G5 _
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8 r* ~4 O8 s1 M4 j) Lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf7 X0 V7 @- I% H; d: E! W4 [
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5 U$ m& z3 Y8 O) c; S( ORefund Requests
5 }2 v) T6 _ ?- F74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
- O: p) L" [& T& N0 ppaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 W7 c% X: v+ K% D7 s1 @of those duties, and the Minister may grant to that person a refund of all or part of those duties, if( e7 r d( e( P( m1 K
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to! ]1 @ ^8 H2 C8 H2 Y
Canada to the time of release;
2 Z2 y3 m/ [% Y* ]/ D(b) the quantity released is less than the quantity in respect of which duties were paid;$ K3 @$ \+ Y7 B/ c4 S; \
(c) they are of a quality inferior to that in respect of which duties were paid;! p& j6 e7 N$ ?' c; s/ g
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
8 e. h% _/ W' O# B6 L7 D, Ytariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( A0 r1 K3 c1 F; S' s
case may be, was made in respect of those goods at the time they were accounted for under
$ l8 f5 f/ W" r. H I' l) h$ S8 Csubsection 32(1), (3) or (5);/ n/ o2 \0 G8 Y
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for( s8 v6 q% \1 E' W' W
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are) ~$ Q/ Y ~: S$ Q
accounted for under subsection 32(1), (3) or (5);
% C+ N4 k) K1 d# G! b(d) the calculation of duties owing was based on a clerical, typographical or similar error;
, F! `# Q" G; ~(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)3 Z9 y7 T. K5 j( d7 @; @, P, Q# A) G. N
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or; O" J5 j1 n: k, F) i
value for duty in respect of the goods and the determination has not been the subject of a decision
7 f8 Q( e7 \% W& [+ @2 ?under any of sections 59 to 61;
) r( ?; Y: [" q. h1 [1 A(f) [not applicable to non-commercial goods];
( p j, ]% d5 D* R; ~0 G, u(g) the duties were overpaid or paid in error for any reason that may be prescribed.
8 `0 g5 r9 L5 ?! l- J9 Y2 r. q(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
/ j d! V7 I( S( e5 Z9 F1 }* Lon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of. I2 |% ]) ], ?. l' p
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! M( x8 T1 r9 q4 W8 _
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim M# m( j$ Z1 l
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.- ]$ b2 z6 E. k% l- g
(3) No refund shall be granted under subsection (1) in respect of a claim unless& C4 T$ ?7 I5 A6 _: {# n
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
! C3 q3 w* X1 Lrespect of which the claim is made or otherwise verify the reason for the claim; and
7 \: @" G+ n, o8 s; N C(b) an application for the refund, including such evidence in support of the application as may be2 {) H. H. `+ h. D* G% K
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
3 \& b4 N0 _/ \1 c# Z+ Pprescribed information within0 b/ O8 n" ?% N- b0 _& J9 T
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)6 i2 G2 J/ i. {: j- [* K: J( @0 G
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& K, P& y5 E. I( Z9 P9 w(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; ]& v+ z) t( o4 |6 lwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 n2 i" j. Q% ^, T+ d1 w(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 c: U4 s4 _# e4 e
this Act as if it were a re-determination under paragraph 59(1)(a) if" b9 x( N/ _& P7 G
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied0 a% E0 } I* `7 t0 }
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 [3 u% U7 v8 e7 `5 n9 A0 A) @eligible for preferential tariff treatment under a free trade agreement; or
- Y/ S" j/ Y u( i(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% A G5 R2 A6 O8 b+ j
because the origin, tariff classification or value for duty of the goods as claimed in the application is. x- I9 D3 b/ r: u' `" o
incorrect./ Z" M8 E7 g8 r9 N% l
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
. M7 e9 s" u7 \3 O(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground7 ^ P7 o$ G9 i: ^4 j9 ]6 Q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
. Z f3 X7 {3 w+ P$ Z3 r! u; }were a re-determination under this Act of origin, tariff classification or value for duty.6 R0 C0 u/ V w! o
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