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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
# o9 o4 N) i8 c/ ]上面说 非商业 进口 可以免关税?
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; D& }( C9 v2 O k! w. Zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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+ H" s2 ]- g$ `* n6 WRefund Requests
* N/ ]1 H* A1 W3 T4 e74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* `5 J/ z9 ]' x$ Q* F4 Z
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
8 \7 u5 a$ R7 h- d, iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ B5 n9 m2 _: b1 g, W0 m(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 n& l" ?9 }; Q [# T$ FCanada to the time of release;0 E+ {! ]) Z9 g4 y+ `
(b) the quantity released is less than the quantity in respect of which duties were paid;
/ u: d- R( Q8 }(c) they are of a quality inferior to that in respect of which duties were paid;0 W# l+ m% C3 F- i9 v3 `$ a& S4 ]
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. P/ s4 u' O6 r [ F: Ktariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
# g! i/ q3 z1 C4 ~case may be, was made in respect of those goods at the time they were accounted for under
( X& l3 w3 ~ Wsubsection 32(1), (3) or (5);0 T: D3 P7 u! |; S' J) G. ], b
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for) I, T4 ^( p0 E& f" s- M
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
5 V& d! G) n: V+ _, w, `; Vaccounted for under subsection 32(1), (3) or (5);; X3 P& h4 R g0 L% {
(d) the calculation of duties owing was based on a clerical, typographical or similar error;. ~7 }/ e7 Y/ y+ f# i" V* W4 j; Q
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 i# O2 A# f! o4 m" y2 n, a* F
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or! ]4 e1 b z4 h& O* ^
value for duty in respect of the goods and the determination has not been the subject of a decision
, k7 T1 e) @: Junder any of sections 59 to 61;
% m& W. {/ H' s' Q+ }4 ~(f) [not applicable to non-commercial goods];
6 e! I1 P8 w3 G(g) the duties were overpaid or paid in error for any reason that may be prescribed.
" g1 E8 s' [" ?, e# q* I' E+ L(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based X9 E# ]6 a2 p5 J
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) u) v0 v- Z) v6 [
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
. r/ e- s8 Y. ?9 c# A7 ](2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: r# D @4 D" Q# }/ t' p3 |unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
. B' d- Z* N' X- I(3) No refund shall be granted under subsection (1) in respect of a claim unless! n! ~9 j9 F8 z- i4 @/ G
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ S7 [( r9 K4 X( h, ]9 w
respect of which the claim is made or otherwise verify the reason for the claim; and) Q* s6 d. o+ I8 I: k
(b) an application for the refund, including such evidence in support of the application as may be5 ~5 V( I8 c3 _6 N
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
r1 ^- [) ?+ U: y1 r' |9 ]) x9 }prescribed information within( s; q+ Q3 A4 @( v+ S( J% }1 x
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)! B9 n: L( A1 R+ P& F0 d2 z
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 n1 U6 J2 Q0 s! H+ b, p
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
. E; `1 p* K$ C) f9 {2 \9 t$ P7 @were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed." t* }( A# ~% P3 X
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 U+ }0 Z) j9 n6 d, z: m
this Act as if it were a re-determination under paragraph 59(1)(a) if
) S# Y* u. M: W4 E9 B! p(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied+ l7 g, x# O1 g
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
" |# ]$ G- K9 F* Weligible for preferential tariff treatment under a free trade agreement; or: U) k2 `, P* x) E0 s
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied8 A ?; ~$ \8 d2 y4 L0 R, k# }( j6 Y
because the origin, tariff classification or value for duty of the goods as claimed in the application is% j' L# c7 i! ^' }
incorrect.
: _5 r4 t7 Q: V4 I) F) ?* ~(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
# J3 p4 {; \% Y0 V# e* i: ^6 g(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground3 U: T7 N* W4 s2 E% l
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it4 g) P+ ^2 N( x
were a re-determination under this Act of origin, tariff classification or value for duty.% I7 O6 P/ B# W! S6 w
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