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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations, f" G+ V. I' V6 f8 J, ?. \
上面说 非商业 进口 可以免关税?$ M5 Y$ p1 _0 ]6 S; G/ s
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; Z3 n3 i0 `% Z( v, ~% ?7 X4 c s1 [' e& Zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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/ x+ o2 u2 I, t$ g- pRefund Requests
# e# _ ^4 P$ B P# v# E& b$ l) C74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ r9 m, L& K3 e8 P7 R. x/ y1 _
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) `& H1 w9 K- R) G2 Cof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 H; \2 r( k9 p9 M2 g, W& [3 c& @(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ h& g' W6 u3 x. H* e
Canada to the time of release;
3 F: E P; b& [( ?& F(b) the quantity released is less than the quantity in respect of which duties were paid;
3 b& Y) ^6 D9 b* b) Y7 G(c) they are of a quality inferior to that in respect of which duties were paid;
6 }: C& y0 |/ m# L7 _, H4 l5 ], [(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
$ {& B6 J2 x1 jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
' [9 a( N$ [! d9 o' ycase may be, was made in respect of those goods at the time they were accounted for under9 ]) x; ^8 d1 _5 k3 o# X
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
2 D( o4 t% g. d6 Rpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
2 R$ b2 v: G+ \+ \7 J3 a& iaccounted for under subsection 32(1), (3) or (5);/ V; `2 h+ J% h3 [; \
(d) the calculation of duties owing was based on a clerical, typographical or similar error;' {; L2 }( N; _( W( D/ | \
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2) B' Q, i9 u7 \2 d7 F, m' ]
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
+ N( V) v; O* \2 e6 L: Uvalue for duty in respect of the goods and the determination has not been the subject of a decision4 {1 K, M8 g) q
under any of sections 59 to 61;8 k1 H3 H$ { i& t
(f) [not applicable to non-commercial goods];# W3 Y# G/ I8 N" T
(g) the duties were overpaid or paid in error for any reason that may be prescribed.! U/ [/ K1 u3 N. d
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based6 @4 g& d$ p1 `7 R
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of4 p8 s; t' T0 G- c) ]- X" w) B
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
9 W: [9 i/ @' H' V' Y6 @: c3 }: b(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim( }4 |, a6 }, h% f
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 Y: }2 G0 M. o, {
(3) No refund shall be granted under subsection (1) in respect of a claim unless+ C3 r9 O9 V5 ], p' ^5 j
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in' a9 W9 W( X; `, S+ j
respect of which the claim is made or otherwise verify the reason for the claim; and
" I4 `9 E7 r1 ^4 h) Q0 Z+ i(b) an application for the refund, including such evidence in support of the application as may be
, d9 I$ c9 {3 U8 Aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 S2 a5 H% T# m3 {/ L5 u- H
prescribed information within
& }* m% Y- A6 [; c4 W(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 o9 A3 x' w6 |or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' w4 h) I6 g- f: t: \(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% [" F) G1 s$ p% g) Twere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.4 _) Q* X9 }3 [/ L" ?4 w; \
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
' L+ l) b4 p. A; J* Mthis Act as if it were a re-determination under paragraph 59(1)(a) if
3 L" b( ~: C* _9 k(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' q+ L$ e# k. L, w! u
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) i$ o" d1 b7 H- g3 T" X. {9 X
eligible for preferential tariff treatment under a free trade agreement; or$ W5 ]; u& B. x
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% ?3 _& v8 `) W4 r) Y
because the origin, tariff classification or value for duty of the goods as claimed in the application is
" r4 }3 H" A4 u7 Bincorrect.& W" T* o" W2 ?0 S! t+ Y9 }
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
T9 R# q8 ^( p8 t/ ]! L5 M(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
1 e8 X' d& _ o2 z7 ]other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
! w( U% |: o' z" w3 ^were a re-determination under this Act of origin, tariff classification or value for duty.
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