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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
5 L5 F; ~- c f- E9 H0 L+ A9 _" }上面说 非商业 进口 可以免关税?: s; t) {( R0 ^* X- r
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& @. B( O/ o6 t8 Khttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests5 G# x4 Z9 {8 B+ e. V' f5 ^2 b3 U* `
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
4 s9 B, B& q! i: @paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
7 J, G' j+ s4 \2 iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
$ X. G& L3 K1 c+ q" }5 s J(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ B3 e3 V3 T* ~3 tCanada to the time of release;/ S! ]$ T ?2 o
(b) the quantity released is less than the quantity in respect of which duties were paid;
, n r" {' S: ^( c) J(c) they are of a quality inferior to that in respect of which duties were paid;1 Z# h, [0 H* n+ s' R& M5 h6 T$ \, f
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, y5 s2 r9 W$ @2 i" I1 ytariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the1 b4 w9 Q" P! C% f8 F5 T
case may be, was made in respect of those goods at the time they were accounted for under' B7 o" B; j3 Q( c z/ f
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
6 c" N% K/ A" J' E6 m; bpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are- `) Q g& d# h/ ]2 n* \
accounted for under subsection 32(1), (3) or (5);
3 @" H* U ^7 a/ j) m(d) the calculation of duties owing was based on a clerical, typographical or similar error;
) w8 G& S! p, i: u/ J(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2) A( L7 _* Z( d+ [/ C, l0 U0 u; _
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, p W+ F5 p/ e7 x6 k
value for duty in respect of the goods and the determination has not been the subject of a decision
, f/ E* l, g" W `0 W6 [under any of sections 59 to 61;
/ g* t/ K- O1 L( L/ o% ?) C(f) [not applicable to non-commercial goods];
% ~: r$ _' d p0 }+ [(g) the duties were overpaid or paid in error for any reason that may be prescribed.
* ^- ^& H% J' n3 H) Z3 {/ A(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
) K" k+ b/ p5 Ron tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; A3 X6 i/ O j2 r6 X( O! othis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
. S% I# x2 W$ K+ o& G+ o(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# `$ @. F5 c+ ^# R8 s# L. @5 v
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.; S! e' I* V) N
(3) No refund shall be granted under subsection (1) in respect of a claim unless! y3 g: A9 f' h" z( t% A* \( z
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
+ z+ _5 D5 n2 `# L$ ]# ~respect of which the claim is made or otherwise verify the reason for the claim; and/ L: A/ W. l0 s5 s. V+ @9 Z3 L/ _ r
(b) an application for the refund, including such evidence in support of the application as may be
9 t3 p8 j! s) B. w( [prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
% W3 n6 g: @0 D7 U, O/ m4 \' f# M& Eprescribed information within
! A% L: I/ N) f( }; f(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
6 d# D" A" T2 {( |or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) Z" ]. J' v4 [5 c2 ^' u, G(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 b; B: P- Y7 _& uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.7 Z" E1 R& {; y' D3 v+ ]
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: E7 {* B- n- m( r* R! l# Tthis Act as if it were a re-determination under paragraph 59(1)(a) if( W# h1 N( B5 f, R3 q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied# H) \5 v+ H$ E) E/ _. a) B
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not- x) B' M7 v2 N
eligible for preferential tariff treatment under a free trade agreement; or
4 _4 r7 {: U5 E* c) U$ e# t(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied$ ~$ K, }) ~* P1 F- t: |5 z
because the origin, tariff classification or value for duty of the goods as claimed in the application is
0 O. Z% n0 s+ N3 L* A: {incorrect.8 q) H0 R4 Q5 K g f8 r( i
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) \" N) e5 w+ w. f' X7 K( K(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground3 ~. z9 h2 }5 z6 c! B
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, y/ `% {2 d3 w+ U. G0 [; y9 g
were a re-determination under this Act of origin, tariff classification or value for duty.$ r u( Z" ~5 f
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