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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
e0 }" E% e1 r- I0 r上面说 非商业 进口 可以免关税?& H) \8 I- B/ Y, n8 ` D2 r
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% i. m9 r0 V3 t. Y" G8 Zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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1 d/ j6 |# Z# ]& FRefund Requests1 b! K3 @$ \& z* W9 A
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 F1 L. J" g0 |; y% Vpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part% c0 y, S3 W- }* B
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 `& l+ m% |* y* W6 b(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to* c* d. G: @* W
Canada to the time of release;0 d3 h6 ?/ X O) F! x
(b) the quantity released is less than the quantity in respect of which duties were paid;! Q* k& ]6 m3 R% A) @5 \& \' V$ z2 k
(c) they are of a quality inferior to that in respect of which duties were paid;
2 t7 ?% e- s; r" X+ f$ ~(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential" Q6 W) H( P" _! t1 R8 x
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( Z# w% v, o# Q/ O" w+ j1 R3 m6 _( b
case may be, was made in respect of those goods at the time they were accounted for under
, h- i( n/ D7 k* F6 g! ~4 ~: \. T8 h7 Isubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for8 q7 P. \0 n7 s/ V1 Q9 H. p, o
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; O9 R' O; u4 y6 w+ taccounted for under subsection 32(1), (3) or (5);
- p, v0 _. E2 A% [! E(d) the calculation of duties owing was based on a clerical, typographical or similar error;" b% k( k+ v* g( v) ?
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)$ u5 L9 d& E- b2 m+ D- s `$ W, @5 g! {
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# X% j1 g" b7 Hvalue for duty in respect of the goods and the determination has not been the subject of a decision
/ \: Y+ H0 N+ j( S' Aunder any of sections 59 to 61;8 Z& T8 i4 P+ O, }
(f) [not applicable to non-commercial goods];) B! O% F+ @. L/ [. v
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( Z; h2 J$ ]: r a& D) d, K3 _(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 m; q. X& f- R* x9 n- [: `on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
0 h. Q5 a. i$ x+ u; u" @this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
" U6 R9 m' Y" M' x, n(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 _% Z7 {! F. t+ M
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.! m( ~( i; x5 d: i/ R
(3) No refund shall be granted under subsection (1) in respect of a claim unless
" y+ ^) E- l+ k+ X1 L2 K(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
+ T! O/ a8 G" vrespect of which the claim is made or otherwise verify the reason for the claim; and+ F% S" E( c# F1 r: g7 F
(b) an application for the refund, including such evidence in support of the application as may be
1 k7 W t$ r) Q* aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
' n. W5 v, I, v5 b1 p6 K* Sprescribed information within' V: U& i/ N4 F* Z
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)! ]+ @; [8 F: X* S2 }
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* _" O- u! l) i5 p/ `8 C(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 ^7 }1 x1 R1 K
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
5 N, ]1 l. W3 v- |4 a(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% g# X# G( W$ H6 @. Z6 X2 b' }
this Act as if it were a re-determination under paragraph 59(1)(a) if
, _2 \- S- p) x# g(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
* r! v, W2 L2 ^% \9 e) C1 Hbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! g' L/ l8 A. _9 S% k8 peligible for preferential tariff treatment under a free trade agreement; or
0 {0 H: r. I1 H. p(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ D% u" J0 L7 J1 k1 bbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
- l1 y+ |2 ~! s. w8 Zincorrect.
1 ?; Z) O, {* d; O4 i6 f(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
( Q5 P5 n1 i1 o+ C! d1 ^5 e* D(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: u1 Q. U: Z1 Y* O
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
) h$ }: O: @4 e1 G. ] z" ywere a re-determination under this Act of origin, tariff classification or value for duty.
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