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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% h+ c; A D, W; N. |! Z/ X
上面说 非商业 进口 可以免关税?( @( w' J' t5 q+ f8 M
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf9 {6 q3 U) E) O5 w0 s
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6 i7 K( K) v ~Refund Requests8 R& Y) S2 e. Q2 N- I9 a% a* [
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ f' D2 C H) k6 ^
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
9 O9 _9 q' B; h) uof those duties, and the Minister may grant to that person a refund of all or part of those duties, if6 q" L0 M4 I5 Q! {6 _
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: C! R) N: D* h/ [5 f! m& E& Z
Canada to the time of release;- j& O4 X6 y/ T( Q8 [
(b) the quantity released is less than the quantity in respect of which duties were paid;2 {# P% B! p: M$ x) |( k
(c) they are of a quality inferior to that in respect of which duties were paid;
4 Z7 U, i. F! Y l5 r(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 S, A) N, c8 h% Q8 d
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ b. u+ J; S% K
case may be, was made in respect of those goods at the time they were accounted for under
* y h% y* \; }, |, T- lsubsection 32(1), (3) or (5);, o" I3 w0 t$ R7 A2 \
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* L1 r: C2 e' q% |/ ?4 ^(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for* \0 [) q- p! r
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
. ?, Q: B) {- W3 K% d! F! H- @' Naccounted for under subsection 32(1), (3) or (5); C L7 O5 R8 O0 Z% F& A, Z" a. t
(d) the calculation of duties owing was based on a clerical, typographical or similar error;" H% c# q3 s5 ?
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. f$ T# V; U$ @$ x: a5 [of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 w% V N2 l( _; } v
value for duty in respect of the goods and the determination has not been the subject of a decision
5 T- g% u* L) r' L7 runder any of sections 59 to 61;1 p2 ^/ b( C6 w2 Y( e
(f) [not applicable to non-commercial goods];
# t. W$ [) `5 ^6 O% P(g) the duties were overpaid or paid in error for any reason that may be prescribed.5 c; H1 g9 M& [ ]$ `* b! M
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 e6 R+ f2 ]7 u1 O+ von tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
! h; Z* S6 p: _* i z1 fthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).8 l* o. n. ~1 [8 E) _4 ]' o
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
" u* F0 z) {8 r% W- ^1 Kunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
( [& Z- ?5 B4 V+ p! }% |7 s6 W(3) No refund shall be granted under subsection (1) in respect of a claim unless# j+ R& y1 X- |/ a) d" k6 O8 b
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; f9 j" L. u* h! s6 w0 u; n
respect of which the claim is made or otherwise verify the reason for the claim; and7 R) |( _9 B7 W: A* ~5 `
(b) an application for the refund, including such evidence in support of the application as may be. w( J2 r% R% m; p" e% f
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the" V* z3 u' D2 L2 ~+ E
prescribed information within
+ z2 e, C. Q" o, J(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 E% \ y' h) S) p! b. o
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
8 T9 s; a; W5 |' w* V$ S(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 |1 G* m; n) D( {
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.7 |) j% d1 M( h. l3 `: }
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 j( f! N) R# D0 ]; Tthis Act as if it were a re-determination under paragraph 59(1)(a) if
" n7 I! g( P1 ^5 x9 w7 W(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; Z, v' s# u; T) abecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
5 c" m/ t2 X7 W) S# E9 N0 v5 deligible for preferential tariff treatment under a free trade agreement; or
# {/ s5 m! o! H& _2 T: A+ d(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
. `7 z4 ` O$ V5 }* I hbecause the origin, tariff classification or value for duty of the goods as claimed in the application is# Z- m/ A( I$ C
incorrect.9 e- i* ?# O) E0 h- h7 N9 J! T
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),8 G4 ^0 c5 @; q
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 Z0 r4 a& \* D8 P
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
( P: }* u- f8 M- ?were a re-determination under this Act of origin, tariff classification or value for duty.$ Y% K. O7 C w( N
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