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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 o. ?7 b; o& M3 V. ?, f' G8 g
上面说 非商业 进口 可以免关税?) b; {& [* j) X4 s2 F. `
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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! ?! p2 J. X% v5 PRefund Requests% ?' q- Y$ C8 h1 P( i, r' M
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who) l/ M3 N+ X9 |; ]5 T6 Z# E, `0 o; `
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
; L. G, v2 ~: F0 c& p# Mof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ y- M7 t9 o) o. m- ]3 \9 M(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to' [4 ]1 S' [2 d& g# G: T# {
Canada to the time of release;# [' y/ d& x1 z0 N( K
(b) the quantity released is less than the quantity in respect of which duties were paid;
$ s( t+ k/ G, { u(c) they are of a quality inferior to that in respect of which duties were paid;# T' V( v9 Z! `
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ i( H9 z# \: K: R" P& G; Ktariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
- f$ N# P0 ?* t9 I" W0 B+ v8 h$ Gcase may be, was made in respect of those goods at the time they were accounted for under0 G4 w* R" G* w# [9 g
subsection 32(1), (3) or (5);! S* ]2 Z' ~* t( U
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' U5 n0 t& o' E# F' k+ {, e X2 s
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
5 t, b6 a' t. G$ uaccounted for under subsection 32(1), (3) or (5);
+ O# }' c3 D! |$ p(d) the calculation of duties owing was based on a clerical, typographical or similar error;, U& l7 Y! @0 Q& ?( Z5 U$ F/ ?
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 s+ d& y. E* Eof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
}( A; q; e" h3 w6 t* G+ U, b' Cvalue for duty in respect of the goods and the determination has not been the subject of a decision2 Q- x% p- r) G3 D
under any of sections 59 to 61;
% Y8 ~; y4 P+ d9 f) Y- T(f) [not applicable to non-commercial goods];
/ x8 A+ v& v7 d6 Y) {- W(g) the duties were overpaid or paid in error for any reason that may be prescribed.. z6 K2 q- ?) o& Y" C
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 @: |9 g/ V9 N/ u7 P. Mon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; D# E0 w8 P% x D# n3 zthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
$ @7 b$ L7 q4 a$ p p# C(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: x$ P8 H: |$ ?unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ z; F- O/ k, G* Q(3) No refund shall be granted under subsection (1) in respect of a claim unless
( T/ j+ |# n2 I" k9 C9 q/ q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 k: w F9 u& R0 I7 F$ \
respect of which the claim is made or otherwise verify the reason for the claim; and: Y4 f% Q/ Q Z; M- A# y! r7 E, D
(b) an application for the refund, including such evidence in support of the application as may be6 m0 p$ e% b: F0 x
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
^1 ?4 n H$ ~1 D4 zprescribed information within, G* }6 K* c0 F% j
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)) G3 L7 H& }" ~& j, B9 i8 ^, \
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 U% ~- I/ {9 `5 Z, i. U0 _
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
2 m! ?* s8 d. N7 X% {( |; \; ~were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( L w P! q4 i% P& O; r/ _
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. R6 X( n) c( k8 Kthis Act as if it were a re-determination under paragraph 59(1)(a) if
- P5 i( l5 D y2 j- X(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied9 O6 K$ \6 k3 B1 X7 |& r( Z
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not i1 ~. X- ^; O- v- U7 T+ t2 P) |
eligible for preferential tariff treatment under a free trade agreement; or/ X0 d# U) I( ~2 _8 q- w3 L
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied& S0 D' F7 b. K3 P2 Q3 o- Q
because the origin, tariff classification or value for duty of the goods as claimed in the application is* W7 S; T0 U ^ X! J
incorrect.
2 P- g) [1 y% z- C# v1 i(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),4 x: z5 U+ H+ c* [- q$ O. v6 p
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% ?* L, e; G/ q" J
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it3 M) H" t# u B$ ~" |4 g( @
were a re-determination under this Act of origin, tariff classification or value for duty.
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