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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
/ o% x6 a1 i9 U. B! s$ T7 e( w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* v/ Q0 \" ^/ E# X8 _0 o2 Z
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Refund Requests
$ ]! M$ @7 g3 E( t' y6 B! z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who Z' p7 Y1 }6 t" S
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
7 S+ ^5 f L1 X3 vof those duties, and the Minister may grant to that person a refund of all or part of those duties, if2 g8 v- c6 d5 i8 n3 w
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, v0 R* R; c3 p7 F E
Canada to the time of release;
3 {% C) N$ ?: f0 v, R& T1 k(b) the quantity released is less than the quantity in respect of which duties were paid;
9 S; f. V; }( p( s, y" D! I* R4 R(c) they are of a quality inferior to that in respect of which duties were paid;0 q1 C' j. h$ Z. L6 n8 ^& t
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
1 `/ P5 ^+ Z S$ P! K0 Mtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the, |, E# P* i7 o/ [6 r
case may be, was made in respect of those goods at the time they were accounted for under7 n, [5 @: p( ]4 ^; H; M
subsection 32(1), (3) or (5);0 N- t/ j( F$ z9 I) \6 [4 `
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 _ H% N3 o: m( u5 W
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ e0 `+ l$ g5 z4 R" Oaccounted for under subsection 32(1), (3) or (5);+ }. @% Y" {- l. c. X
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
& r, g+ x" a* E/ ^(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)( k4 T0 ?! V7 k d$ V+ e5 B) d# h
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 B5 a; s8 o* z F! A
value for duty in respect of the goods and the determination has not been the subject of a decision
( p& \) F; }$ f7 j* F' P0 P" [under any of sections 59 to 61;3 v5 X) g' \+ j8 ]8 t+ C
(f) [not applicable to non-commercial goods];8 m+ W: W6 z; O9 ~4 v. ~
(g) the duties were overpaid or paid in error for any reason that may be prescribed.+ A9 M8 Z2 u. f& i9 F# D/ r i
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
' k9 P- V2 }0 [" Xon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 L) m* C7 Z4 D0 Q( athis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; z% d! X! z! L' H6 G(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim: ^! Q" z9 i( m+ r
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ ?( q7 ?" _/ b* ^/ Q(3) No refund shall be granted under subsection (1) in respect of a claim unless
1 E- y+ p! O0 i* E(a) the person making the claim affords an officer reasonable opportunity to examine the goods in3 G1 Y* R5 n- P: {! f! [' W9 s
respect of which the claim is made or otherwise verify the reason for the claim; and) H2 D! ^5 w- M1 b& k2 d
(b) an application for the refund, including such evidence in support of the application as may be- z% S7 T6 A6 q" n. C, t3 p" O& g
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the2 u8 \$ ^2 }/ X3 l
prescribed information within, H" P1 n% s' y% b6 E
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
& [8 Z# ?9 l( U8 Y" j) `or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: W1 s. h# E* I& l
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods" K) v& H" d, L4 g
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
& G) n+ ]8 M _1 u( S/ b(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- S% {- h, K" F" j; cthis Act as if it were a re-determination under paragraph 59(1)(a) if
; p4 }% p8 i6 C2 r: u(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
1 D4 E4 i+ v, i3 q; I8 r4 Z, abecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not, j; c# m! K6 j; w) ?
eligible for preferential tariff treatment under a free trade agreement; or/ K# z1 D3 I4 Y# y1 f5 U; x
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 N8 b! w- t# c) W0 W9 _8 A9 s$ N1 Ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is
1 Y7 e+ Z& n9 N( N) oincorrect.# u0 ?) F& O9 U% I$ ~
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' q' y# b6 m/ |(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground( P2 K Z. e: @6 E2 x$ N4 g' v( J' x
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: w+ @! ?! K( i0 E, X3 a% H. dwere a re-determination under this Act of origin, tariff classification or value for duty.5 R7 Y" J7 ?' {/ t0 j' G
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