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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
) E2 _, q" U P# e/ m i) K上面说 非商业 进口 可以免关税?% {, a( @. y$ ]! Y$ V
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% T2 z# }- t+ h3 Y! v5 B4 F9 }5 Phttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf9 h% T! u/ z8 V4 Y
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. t9 X! u: i3 MRefund Requests4 F# C9 T( Y$ T# c2 z2 O
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 z; B4 S4 `% m# `& U: Rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' L) V4 \ C! X* [; R5 hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if( E3 G' A, c2 a: z. V6 }
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to8 ?) ~3 b& [! S% ~! Q7 O' e
Canada to the time of release;$ O8 b5 a/ E' L# g4 k& f& u2 }$ W# z6 W
(b) the quantity released is less than the quantity in respect of which duties were paid;
) z: E' ]$ o$ V) }5 W(c) they are of a quality inferior to that in respect of which duties were paid;* b1 S, R# A8 V: E" u4 e. q
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential! k/ Z8 ?, l' ]' E) Q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 Y3 x/ D( w( x4 U8 Ycase may be, was made in respect of those goods at the time they were accounted for under
4 I, Z$ h: F7 `5 y6 I) R5 Vsubsection 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/ G5 q( }' f6 k& A- E, [
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
$ G f8 s' ]& I# _0 waccounted for under subsection 32(1), (3) or (5);+ {3 G. G: J3 r8 x* ?* S& M
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 _7 J( r4 q9 n/ C(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 J! s' i5 x' R. n1 _of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
* _7 H& t" I8 u, tvalue for duty in respect of the goods and the determination has not been the subject of a decision6 V% x! r6 j/ m, K' g8 {0 c
under any of sections 59 to 61;- m" D. V+ Z9 K+ [
(f) [not applicable to non-commercial goods];
0 R( z4 }# A% f7 B. g* Z) b( P(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 r' r* d J* v
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
$ R- g. S/ j/ E) |on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of4 F2 M3 j3 a7 a4 N; e- _! o
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).( |$ G. ~0 a- r6 O
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) z! p. L; l& k; N2 D I
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.$ Y9 Q. j! D: X7 b- F+ o- u
(3) No refund shall be granted under subsection (1) in respect of a claim unless& Q- Z8 E: s, O* |0 |& b
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% h6 O/ s/ D/ v
respect of which the claim is made or otherwise verify the reason for the claim; and. c: g# B- g' ]# U' I% g( x
(b) an application for the refund, including such evidence in support of the application as may be
3 i9 J5 i& _+ h3 L6 Wprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 g1 n4 s0 r' K5 L6 v$ J) o5 M
prescribed information within
+ C! e' h- x; ] l(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 f$ e) h1 c# @9 c" y* f
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and0 {5 V9 `1 U7 ]8 m7 I( _$ F" J
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods6 S; \5 `( d1 B( R4 k7 ^" Q
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 p% B6 R+ p, e! h. Q
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of& p3 T C& y2 d0 E8 ^- d1 y
this Act as if it were a re-determination under paragraph 59(1)(a) if7 ^# O# Z# i. p! }7 N
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 I% O# L b- S6 d) wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
9 q1 @( [- ~) z& O9 ^( O& c, celigible for preferential tariff treatment under a free trade agreement; or5 l; ]8 F, W! [* I8 |
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied' c" k! {* k* o
because the origin, tariff classification or value for duty of the goods as claimed in the application is
" s2 O# h7 h7 t, A/ h4 Aincorrect.
" _2 `) j# u: R1 D' U$ v(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 J3 g& m( g& N& [$ p, l% ?- ^( Z(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
/ [! f7 o% b" uother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it0 f" I9 b- P5 _! l9 ^, E3 o% x
were a re-determination under this Act of origin, tariff classification or value for duty.
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