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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
! g4 x9 ~& w1 I上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests) }' ]7 t3 u, x e& E7 k) Z
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 F! z$ f$ E% P1 \4 W8 h; K
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part0 E3 P, ^+ I3 _; N4 }8 M4 H
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 f/ h* J( a: o- J) d(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to' d" r* t$ ~8 q0 I* B$ K
Canada to the time of release;; G! u o: y5 z2 R, E0 F8 W( P
(b) the quantity released is less than the quantity in respect of which duties were paid;6 p; y; V- l; q8 Y+ _
(c) they are of a quality inferior to that in respect of which duties were paid;# @1 s4 D1 I* l7 S
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential" g: s* b$ r6 m! n
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( X- g' y% C5 z9 Zcase may be, was made in respect of those goods at the time they were accounted for under
7 l! N6 P+ p9 t7 f' `5 rsubsection 32(1), (3) or (5);: z+ z8 h3 X# I& W4 K0 X. e8 s' R
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5 D6 H/ K0 b9 h5 k( @6 W& L(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
; ?3 |6 g, @+ k, p9 J @preferential tariff treatment under CIFTA was made in respect of those goods at the time they are. s% ?( H x ?" D2 ?
accounted for under subsection 32(1), (3) or (5);7 R5 B b5 c l' a4 n2 t
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
1 g! t. t/ y! o8 D/ f(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)2 [* \' n6 L! f* |
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or% I; Y& H, @7 _
value for duty in respect of the goods and the determination has not been the subject of a decision
, Q) C6 H; n$ ]& X3 k+ Uunder any of sections 59 to 61;0 c( Z( v+ V6 z# i0 Q; s. S
(f) [not applicable to non-commercial goods];% l' v5 l9 S7 P1 m
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
2 m* v6 Y5 F+ h- v- n2 }(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based3 ^5 M+ z( y! @
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
4 f- J! D8 U8 Gthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ v# Z8 m, Z4 J- Q7 [* ?
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
- e3 X+ `( T% q) Hunless written notice of the claim and the reason for it is given to an officer within the prescribed time.! k2 y/ L/ _9 @( D( H0 u( g& V
(3) No refund shall be granted under subsection (1) in respect of a claim unless% x) V$ U8 s- G1 u! b
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( T' k- i( ~5 }3 r9 P* b' @/ B
respect of which the claim is made or otherwise verify the reason for the claim; and
2 u, H4 n& q4 e! R2 f3 ^# p- d& p, g(b) an application for the refund, including such evidence in support of the application as may be3 t) Y9 A/ g2 K* W4 K
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the1 w6 J! y5 |6 s. |% Q' t$ ]
prescribed information within
( X% r3 f* D/ C5 K# `4 q(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 q: F) B" {8 R
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
2 i+ K$ e: H* I& g& W4 T(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
: a& U5 \) v& i7 \& Zwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed." y; V0 m+ r: q; l
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: `) e( p( V5 p* S9 t9 kthis Act as if it were a re-determination under paragraph 59(1)(a) if
1 `) j7 q# G1 j(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied2 a7 q d; i, ` m! l5 F
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not f* G: h+ t5 C
eligible for preferential tariff treatment under a free trade agreement; or
6 f. y/ _9 p3 p(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied- E: U1 j1 o& p; A0 S/ D4 @
because the origin, tariff classification or value for duty of the goods as claimed in the application is
: i( k0 o; E, Xincorrect.. A6 i1 Q$ k8 k9 A
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),4 t. j6 S% [8 h+ `& y0 Z/ F7 P9 P3 K; M2 h& H
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
) ^- D7 E9 h1 w fother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it: R+ v9 D! s' `1 z
were a re-determination under this Act of origin, tariff classification or value for duty.
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