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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
" \0 m% y% ]1 G* f0 p上面说 非商业 进口 可以免关税?
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. R& z l6 D" q _, Phttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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5 v7 h* i+ J" X4 k" {2 ?6 bRefund Requests
! r9 O I8 n6 s: M" x3 ^3 D% g74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
8 D; P! a4 _+ y( C# cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part4 U( m; a2 H, D4 A* h
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
# C' t' K1 k, P! u& V(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; P s( T* X, F# \
Canada to the time of release;2 g! U3 R4 f- l$ |" s0 ~% c
(b) the quantity released is less than the quantity in respect of which duties were paid;
4 @7 @0 o9 ` a, L6 ?% t9 F(c) they are of a quality inferior to that in respect of which duties were paid;& m1 C' E1 U: ]8 H* e
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 G: V5 j* q7 T. b; {tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; D7 a% }7 D3 V; C% k7 j# n4 @0 f
case may be, was made in respect of those goods at the time they were accounted for under
9 Z) z# _' l& q- ]9 M/ |- T: vsubsection 32(1), (3) or (5);0 K% k3 ^4 W( \2 }1 R* c1 G
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3 Z1 O' h. K1 G, M(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
$ t j3 d) _$ Qpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are& I8 _" J9 Z3 r0 J. r' T
accounted for under subsection 32(1), (3) or (5);
9 O3 T0 j0 P: [( N0 ?(d) the calculation of duties owing was based on a clerical, typographical or similar error;+ R$ h0 j( ^. H8 M0 e0 j
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)5 p# z M F" i: b3 J
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! C. q0 X' I; } g% N. t+ |value for duty in respect of the goods and the determination has not been the subject of a decision) G$ n5 R. @; `0 Q; S5 b: F
under any of sections 59 to 61;
- t0 Y0 V& C) ]/ Q: Z(f) [not applicable to non-commercial goods];: u& p1 |. J3 \1 }6 H9 I8 J8 v
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
6 z; v' s3 `+ I(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ H) H& l& d: ^
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; I) K' ~5 I/ T) i: b( C6 dthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 O* i) U, Y" D1 [; ]8 I: n1 q(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim% K7 {5 i( f, D0 h7 y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 h& V, h, P1 U9 ?' a: h
(3) No refund shall be granted under subsection (1) in respect of a claim unless
3 s7 L# ^; j4 G(a) the person making the claim affords an officer reasonable opportunity to examine the goods in& q0 p$ N& o, O+ _3 {
respect of which the claim is made or otherwise verify the reason for the claim; and8 v0 i+ W) U# \
(b) an application for the refund, including such evidence in support of the application as may be% I7 R3 Q! g6 u' ]6 l$ S
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) b" W1 V3 g+ {7 t, Mprescribed information within
3 N. T/ G: K: v8 G9 d+ O(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)# R8 E* p0 D# o6 [. q7 J
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
7 r9 g- v1 Z5 ]' l0 g6 c) n(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 X" A! Q4 g4 `* A# E. ^+ N2 Y
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
- ~5 ]8 M, Y; I1 Q' U(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
8 q: k3 w" _# J" u9 Tthis Act as if it were a re-determination under paragraph 59(1)(a) if
, I2 A2 ~2 H% L$ Z. S ~: v(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied8 [7 q2 Z. Z& Y; |+ U- T. x; T
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 \/ p" l# p* \9 `
eligible for preferential tariff treatment under a free trade agreement; or
& u5 A# V3 `" E% w2 y(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied9 k+ @( |/ Z4 R' G3 e8 ~5 D$ E6 E
because the origin, tariff classification or value for duty of the goods as claimed in the application is: y' I$ L. G% Z) m( B$ @0 L# r9 q! j. n
incorrect.
2 k7 W5 \- a" `(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),# u6 I/ A0 U( H1 r! s, W u5 u
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- ]2 P o; V5 l- c6 V0 x e0 i: Z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it5 }8 q1 A" Z! I: z9 ~" f
were a re-determination under this Act of origin, tariff classification or value for duty.7 I4 {" Y, j8 m7 N
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