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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations0 K4 E7 M+ i# _6 U b, A( c9 t
上面说 非商业 进口 可以免关税?! x8 Y! U: J- C4 v$ R$ V1 ~6 b1 z
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests/ z6 q; P, _2 g4 p
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who' N0 u+ e. K+ U7 `
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
# e( P& ~% p. F; ?of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
6 p. A0 D3 K/ T; `(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
9 ]0 s$ N5 K3 r2 LCanada to the time of release;* u# a q' T( j
(b) the quantity released is less than the quantity in respect of which duties were paid;5 p5 z1 K! I% w' x) I9 d
(c) they are of a quality inferior to that in respect of which duties were paid;+ |$ s, w$ M7 I" f* e: D
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" L0 I* L' F7 Q/ l; ]. O N8 itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& U& x. m5 x3 b' Z7 S+ C
case may be, was made in respect of those goods at the time they were accounted for under
% F% f, ]; `$ W+ bsubsection 32(1), (3) or (5);/ Y, q; }- f, e; `! R' M/ j! X
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6 z" h, S1 k& H K' K. {(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for# g* Y" `/ `# s& m6 V" u
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are% y8 W- }2 Z8 p3 f0 N
accounted for under subsection 32(1), (3) or (5);
" \/ m! F5 Z0 C2 X6 y, ~(d) the calculation of duties owing was based on a clerical, typographical or similar error;& E4 |- H q" P( F `; y4 D ]+ ]
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)& H) `+ o, {) k5 ^8 o
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 K1 \5 v9 R9 Q$ H9 y2 f
value for duty in respect of the goods and the determination has not been the subject of a decision* }7 B3 |$ p- P: `% l0 f7 X
under any of sections 59 to 61;6 \$ i" q0 X B5 U" U- X
(f) [not applicable to non-commercial goods];4 v# [2 Q, k" o
(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ G& g; B4 |) e7 R
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' m& t/ B; {( q: L h/ z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
5 h( b8 A* w6 g! q, M- d4 ]- Tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).' B9 z: @1 B- Z# ]% }1 y
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 K8 i* W' ?" h2 Funless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 p" b% z9 `/ N( S
(3) No refund shall be granted under subsection (1) in respect of a claim unless9 M8 K. u* x& N/ q- O
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& L2 Q" K+ G- _- ^" U+ P0 r- ?% Nrespect of which the claim is made or otherwise verify the reason for the claim; and; c$ r8 z# D. R- f* C, P; g
(b) an application for the refund, including such evidence in support of the application as may be4 b, L# a) V: K- i
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the2 F0 f5 `# H1 u! P& i( h
prescribed information within
2 F% O6 {% {" _. H0 j1 `(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
2 k% |+ Y5 t0 ior (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
6 G- w' {! b& H+ b(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% s" i. V: s! Y. Vwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# s6 B4 S- H0 {! h(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
( j% E; g- T5 ^ vthis Act as if it were a re-determination under paragraph 59(1)(a) if( f5 _9 D6 _) z( v7 o9 q" m
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
1 h* }: n$ C/ `+ i/ dbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 d! S3 R- a! c) i0 a( b3 i
eligible for preferential tariff treatment under a free trade agreement; or
+ z- T/ ]) L* P; p$ w(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
' A9 @# n. Y% s* \2 T+ b, Cbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
: u# {; q: A+ ^- M( j! zincorrect.
* U, t+ w" T6 {6 \(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- U" w3 |7 h8 J, b(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
+ m/ N: Y6 V( H+ H/ |other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it i4 q9 @' J/ B0 x
were a re-determination under this Act of origin, tariff classification or value for duty.* C: ^8 d8 M w/ M
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