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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 u1 e; q) n O3 O: N& C" T( f
上面说 非商业 进口 可以免关税?# G& _6 n3 r- e2 u
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf0 x: ]* O; g/ \& z, j& d6 H
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& H9 ]) I: m- i6 LRefund Requests% o+ c9 ^) G3 T) {2 h& V
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 a6 W! C$ A' Z1 ]+ x
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part6 Z% c0 |( i) M. _
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if A# g* v7 z* g! L2 o
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to! |3 k: z. F2 P9 T/ e
Canada to the time of release;1 v; W& B* ]5 w- o
(b) the quantity released is less than the quantity in respect of which duties were paid;# p: d6 k3 w+ `7 O) J/ w" |
(c) they are of a quality inferior to that in respect of which duties were paid;8 S0 i: } M# P/ q6 }' P( `& f
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential1 K" h: j x, ]/ M" u3 Q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the T! t1 ]- _# j( n8 u8 A/ N! I6 B
case may be, was made in respect of those goods at the time they were accounted for under; c! s. H2 X V' D- G1 @ \
subsection 32(1), (3) or (5);8 |- K4 \ |7 t% k/ B! r
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5 a, y3 N) E0 P' t(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for- T1 U O5 [1 i2 t0 ?" ~1 }5 ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 e- G% y- x$ U4 `; _8 E% Vaccounted for under subsection 32(1), (3) or (5);
- Q. k! s, T4 ]" h- ?# T) ~(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 X/ D5 v# v, J6 R4 n( O(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
3 X+ B" `$ i2 ]: l k- }! Fof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or" B& v6 k% |) j+ R9 _7 O: f8 G: W# x, \
value for duty in respect of the goods and the determination has not been the subject of a decision+ D8 p( l: V [- M, C- `
under any of sections 59 to 61;
7 d& ?7 e/ s- g(f) [not applicable to non-commercial goods];) e4 Y4 H+ j I8 p2 b/ i3 c+ C. T- @
(g) the duties were overpaid or paid in error for any reason that may be prescribed." T- R( g5 a: k
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
5 F- X8 d$ E2 W$ a* P( X; con tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 S- ~6 s0 H- G. n/ ?! fthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
r. J/ D9 _3 n$ U! @- l(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# T$ O& `5 S, F4 v
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
- N* t5 c7 z" I; Y$ x- K% e" i% y0 N(3) No refund shall be granted under subsection (1) in respect of a claim unless1 K& A. i1 z/ R0 `5 }& T
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in& ^ p' {5 f- `$ p2 R4 q- q, T9 X
respect of which the claim is made or otherwise verify the reason for the claim; and! [1 ]- K0 M+ q8 n& L; @
(b) an application for the refund, including such evidence in support of the application as may be
( z( R* V: f8 uprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the, k; x' o: |" K# f @: W& H. P: C
prescribed information within4 [" V* E0 L' e8 N
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)) Q: t* L% {! ], x9 k' u% v
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and F- T C8 ?/ t/ M: q1 e/ t/ j( ~
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods6 d9 q! i( h' [: a; f( ^
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
' I6 Y5 Z- G* e9 w% ]( K" \(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
1 e- I: S, Y, y; U2 uthis Act as if it were a re-determination under paragraph 59(1)(a) if
0 ~" f3 |5 J$ X; L) Y( v(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied% Y' y! k$ g7 O9 \6 R& i& }
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: j6 g' x% W$ @0 ~, Feligible for preferential tariff treatment under a free trade agreement; or
+ g$ m- e1 s$ ~- C1 D% k$ D) ]* O(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied) f. c" k7 P- T8 D. `* V* A1 u
because the origin, tariff classification or value for duty of the goods as claimed in the application is4 j; h1 Y& S6 R2 y
incorrect.! O: X4 v, A; g1 x5 T
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 j; s( z% G' p! [$ \4 |3 J(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
- l f: w2 h1 r' Rother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* N: F" d L3 }+ h: p# T
were a re-determination under this Act of origin, tariff classification or value for duty.
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