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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
0 V- m% P+ \$ u% z上面说 非商业 进口 可以免关税?
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5 u9 p0 N" {8 R- K( f. t1 B2 S- Nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 x$ p+ g6 \# B; V
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Refund Requests
r. b) E }1 l; z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 s$ }; Z% |0 `/ i+ G5 o
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
9 `5 L, v/ t: X' pof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
( z* {$ h3 |6 C! g% Y! T( v(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 ?! } C1 X" n) I, V7 g f8 qCanada to the time of release; Q0 B. i' Q& u2 K
(b) the quantity released is less than the quantity in respect of which duties were paid;6 F& Y" P. `/ D3 \' _. P: z
(c) they are of a quality inferior to that in respect of which duties were paid;# S: A; S' b5 X- U
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential, Y/ ^1 o5 e, r1 ~! T# C. g
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( o: C1 E3 |0 X" R" J6 r6 y
case may be, was made in respect of those goods at the time they were accounted for under
# R6 V. N3 ]3 B& `* osubsection 32(1), (3) or (5);; Z$ h: i( D0 w/ Y* R+ y' o7 G
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
. A0 b4 Q9 u* m& h3 w3 Upreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
5 |" I, f. G6 x/ F& z3 Oaccounted for under subsection 32(1), (3) or (5);
L2 l! q# ]7 r# W6 G% g1 J- r(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 ?$ A+ T9 S/ b1 e; [7 x3 T0 v8 [5 s(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 z, u+ p( X' [9 O
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or0 [! a6 ^1 g5 J, r% E9 A! O, L9 e
value for duty in respect of the goods and the determination has not been the subject of a decision8 Z& [" X+ `. y9 ~6 a
under any of sections 59 to 61;& I/ [0 a2 `- X
(f) [not applicable to non-commercial goods];
- W" v9 D; k- y( U(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 L/ O2 D2 L0 _: y+ ^
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based5 b2 o/ n' z3 ^8 T3 c
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
* p- N# Q N5 ]" r; x5 xthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! K7 d) m( c' R" B
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 e; E, j# C* L2 X7 L% \5 u: ?
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 G+ e/ N8 A$ A4 z8 u4 W4 @
(3) No refund shall be granted under subsection (1) in respect of a claim unless
9 D/ N/ q; F7 b) j' z(a) the person making the claim affords an officer reasonable opportunity to examine the goods in! p- p u& e* {$ Q8 R/ X
respect of which the claim is made or otherwise verify the reason for the claim; and' j# U2 M5 O- J3 N
(b) an application for the refund, including such evidence in support of the application as may be2 S* H# F: F7 J. w4 ~5 p8 q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
. t# I4 F" i% c8 V/ q/ d6 ~prescribed information within
# z. `; k: z1 X& w(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)" k- @3 O3 J9 r3 Q, R. _
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
6 |. L- o! C/ E8 i, b(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* _+ Q# Y; x) A9 I) }2 R
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. Y$ q2 A$ s1 l/ z- @
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 b0 `5 W: I/ i- M; v2 C! _/ ^4 B
this Act as if it were a re-determination under paragraph 59(1)(a) if
; k+ J& X, }- ?- S$ e& b2 C(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied) J: \& }: _) E- Y$ z) f2 l
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& o( X1 r: f5 A9 `6 i& _, C
eligible for preferential tariff treatment under a free trade agreement; or, W# o# S+ `: s! ~! t/ S
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied) Y+ q7 [7 y; A' c1 a$ i/ O
because the origin, tariff classification or value for duty of the goods as claimed in the application is7 ^! [, j( |- @: r4 V, q$ N
incorrect. h/ S- F/ r3 m6 T5 p
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e), E" Q4 ^! k- a1 r' L
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground7 J. g7 d& i; C6 T5 k1 C
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 v- r. X' C) T- m3 kwere a re-determination under this Act of origin, tariff classification or value for duty.1 P; B& G$ ^& w. x( [- t' d1 _
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