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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
8 E0 x: g" ~2 o- o" e' w上面说 非商业 进口 可以免关税?
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) @- i* @0 u3 }6 ~9 B& Y2 _& phttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests/ t3 X8 Q, l! \$ y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who- J; X2 g% ^& v+ z1 ~
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part! |- ] g% |' G* b
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if& d! E* K5 V$ n8 O& }1 |# [
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
& ?0 E& z8 E @" D: tCanada to the time of release;
" W5 A) d J* D* B- N: Z! t(b) the quantity released is less than the quantity in respect of which duties were paid;
8 p+ k/ A- b4 b5 p' n$ U) r) X( H3 W(c) they are of a quality inferior to that in respect of which duties were paid;3 j$ E8 E+ p, o
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential- M8 U+ U# T2 m5 i& `
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! f) q% J$ j+ Y5 icase may be, was made in respect of those goods at the time they were accounted for under, E% i1 R! m& ~
subsection 32(1), (3) or (5); u- D' l9 \6 c& x
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. T- g, d7 x l! Z1 J
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are/ ^/ r9 y3 s' Y; i
accounted for under subsection 32(1), (3) or (5);
! z* S& r1 @7 {3 L(d) the calculation of duties owing was based on a clerical, typographical or similar error;" I& \& _8 s6 W
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), C u, q' x( \3 F6 E: W
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
+ o S1 `6 u) u5 K1 u4 y Zvalue for duty in respect of the goods and the determination has not been the subject of a decision
5 _+ ^( B N# Bunder any of sections 59 to 61;
$ }8 z( g9 `+ | J(f) [not applicable to non-commercial goods];
$ Z6 P/ G9 A0 g7 i(g) the duties were overpaid or paid in error for any reason that may be prescribed.
. m! a, b5 \" C) ]7 I(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" R; B" n- I. f) s. Z: uon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of3 V' J7 L2 i8 _9 ]7 g1 f J+ A
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; |- _( ]+ a4 D
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim! o' J, H v7 e' N5 _! o
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.& o4 }* n8 W" W2 G. Y4 i' a
(3) No refund shall be granted under subsection (1) in respect of a claim unless
) w0 G& c5 T( t8 i. g(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# v: |- h& H. h$ W+ t( B1 [; Drespect of which the claim is made or otherwise verify the reason for the claim; and
( s6 J( e# {! j/ e(b) an application for the refund, including such evidence in support of the application as may be! @2 @. F8 b/ i- ?7 S# Q+ a
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
( t1 @; e) V6 a- {1 uprescribed information within
! X9 p( {" j ]6 ^$ W(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)5 r2 Q9 m/ I6 T- S, f7 e; G9 u
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and% Y6 K6 y' q$ B8 P2 T* `
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
9 p4 x5 P z9 I: p0 mwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) |# k9 X9 k1 J) N
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
, ^9 B+ e" J! L# _this Act as if it were a re-determination under paragraph 59(1)(a) if0 A# f+ p: v- Y: n* O q0 A* n: K: Y* [
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ n5 R- j( v. e1 Z
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; X; T' i3 T7 {, X0 R
eligible for preferential tariff treatment under a free trade agreement; or8 z6 L6 _& y9 j+ h, n5 Z# x
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ S% z1 o' Y) R/ Cbecause the origin, tariff classification or value for duty of the goods as claimed in the application is/ L' j+ ]- q y* B, Z9 Q
incorrect.
$ o: I1 ^1 p$ Q8 R+ a* x(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) X. [. L. M$ }(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
9 o. f/ B* c; p* L: K; s2 uother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
$ T9 e, { J7 V$ [( g: z: cwere a re-determination under this Act of origin, tariff classification or value for duty.9 l% e: o4 h! M) H( K9 `; o& ^/ y
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