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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
9 G% L8 C! r6 w上面说 非商业 进口 可以免关税?" K1 d; r, N: J
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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- d: g; R; y; x4 xRefund Requests
4 l% d2 O6 k- \2 x: E. E- N% ]74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* V7 q2 G; l+ d! y/ H- X1 [paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part4 C0 c1 w3 `% D8 }* E
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ s. P& L+ I7 k' v% S7 k5 G(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
( X" \, n" J- B1 E, o, nCanada to the time of release;
8 o% d6 W5 h: T/ J! o(b) the quantity released is less than the quantity in respect of which duties were paid;
! T5 N& u0 r4 t. Z3 z4 A. l3 C(c) they are of a quality inferior to that in respect of which duties were paid;
2 J8 e4 b4 v$ B% ?$ ~- P$ `3 |(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; ]* s# B8 P- p# [& L+ ~7 A
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
& b g1 b: c3 y5 ~case may be, was made in respect of those goods at the time they were accounted for under
6 w% _+ Y6 g" a' ~2 n5 U' |! {subsection 32(1), (3) or (5);+ v& L( R6 l4 _* H$ Y* x' I
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( r! D+ S5 d/ v7 q7 u* l n(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for$ ^/ h1 h$ o; w
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
: B' a C$ Q7 H& h4 ^" `" E+ g4 zaccounted for under subsection 32(1), (3) or (5);
# W6 t% ]) }6 w5 o+ y- z& i: o% F4 u(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 h+ t/ d' ~3 _+ V(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 C0 b& X: g E, cof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' S. M0 d ~$ K
value for duty in respect of the goods and the determination has not been the subject of a decision
7 P6 [% d! @7 {- r8 dunder any of sections 59 to 61;! } S; }' K2 Q% {% T8 P9 n/ E
(f) [not applicable to non-commercial goods];
9 p' E% U: N; D' I(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 z7 y& w! z1 J& p7 H
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' C2 A+ T2 Y6 j, ^' t/ N5 T; b
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
0 ?. C( E5 k& L$ p" Y* I7 T$ ^this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 `' G t) ^& J5 m5 A0 ~6 T6 w(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 m `- E/ w+ i+ J; V8 C0 U8 ^" Y4 m
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
; O& O" i; H9 g4 |) w9 v! S) r(3) No refund shall be granted under subsection (1) in respect of a claim unless
[1 @4 t, M1 u! X/ m# [ Y& ?(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
! F8 b. K9 O& r, V; Z" [7 |respect of which the claim is made or otherwise verify the reason for the claim; and/ Z. ?6 Y# ~' f# _
(b) an application for the refund, including such evidence in support of the application as may be
* Q( d' Z) I/ I- `5 i; fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the3 k4 H) ~3 b* ?0 b6 g4 V X
prescribed information within
) N( ^1 G8 D9 n(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)& x* Z. L a7 ~. C& r
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and, ^ Z3 A' A+ M8 z2 {& Q
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% ?5 t8 \, G& i. x" b$ Bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
& X, R2 ]7 K H, A! P% h% k(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, s( U9 J+ M7 Q4 P" M8 H% e
this Act as if it were a re-determination under paragraph 59(1)(a) if# E6 Q+ `9 j% n% f$ {3 e
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 `4 K+ m' h9 `4 g% D, v3 E
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not' R4 W+ |% G0 R" R6 ` Q- L
eligible for preferential tariff treatment under a free trade agreement; or C; u6 D7 o2 h' s7 a
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
H! W2 w) F0 p2 Z& P, bbecause the origin, tariff classification or value for duty of the goods as claimed in the application is( u+ \4 i4 {8 Y$ K# J% U
incorrect.
9 O" \% ~4 E* P(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),% {6 N( @" l4 _
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 c# n7 w1 [. m# b, }' C/ Rother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ A( ~4 ]1 C- z% o
were a re-determination under this Act of origin, tariff classification or value for duty.
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