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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
0 V; h) J' Q2 \5 }$ v+ M1 _' D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% G5 R; A/ r3 }
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, I. a. P& I U# CRefund Requests) M4 @. x N1 I6 f, @
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who( f2 }+ ^: L6 X7 f
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
( M- N1 J, i3 s Y; n8 T( R. T+ h5 kof those duties, and the Minister may grant to that person a refund of all or part of those duties, if( h1 S ?6 ?5 P5 @/ D9 m
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
, ~- j* g% p1 v9 A- bCanada to the time of release;" P2 G% N! f+ m/ F
(b) the quantity released is less than the quantity in respect of which duties were paid;4 U5 Q* _' H) \' [; i/ X1 R1 m
(c) they are of a quality inferior to that in respect of which duties were paid;
2 F2 @! k5 R7 K! v(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: P6 J N. C2 Q0 }$ itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: k" }% t" x; i. E# z5 ?% }case may be, was made in respect of those goods at the time they were accounted for under1 B% a5 g6 n0 K6 K8 n! d$ {3 D6 X' m
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for9 ^3 b$ ]$ X6 F5 {% A4 Q/ Y2 s
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are9 ]" H7 F3 b- H, H
accounted for under subsection 32(1), (3) or (5);3 ^; y) Y2 I. d3 B5 l O
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 R, C: X5 U7 c8 {: G2 t(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)1 v) s- N1 Q" I" J6 l! j0 b: m. a4 V
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
& f! N9 J& \5 K+ k" k' mvalue for duty in respect of the goods and the determination has not been the subject of a decision
% F" I5 T2 T3 q0 Z6 [. Iunder any of sections 59 to 61;
p% I- |& `/ z# {(f) [not applicable to non-commercial goods];
& t9 I, g9 S/ c1 ^; U(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 D# \) z6 C4 p/ O(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
# d! \* V" P4 M* s3 ?on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of5 e d1 T4 k$ B! E
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
0 r# C6 g0 ^* O2 `* \, a7 y& }. D(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 w, | o( _4 b6 }; j8 S+ z. munless written notice of the claim and the reason for it is given to an officer within the prescribed time.4 s; b. O4 Y d2 r t
(3) No refund shall be granted under subsection (1) in respect of a claim unless+ q0 M- {. Y1 E8 l. ?6 ]
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
$ X% A7 z ?+ c3 ?. x' n6 yrespect of which the claim is made or otherwise verify the reason for the claim; and
3 ?$ ^2 h7 f/ B" a, F( T(b) an application for the refund, including such evidence in support of the application as may be( E$ G" T; v) \( r: R& u) j/ r
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
/ k+ ?: V. V. W* O3 w3 d5 kprescribed information within
' p1 P' |- r" ~% [$ ^/ {3 _/ ^(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): w' \* r/ ]% n$ m9 g0 U7 M
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% S( ~4 B+ u) y% E(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; C8 F& u9 s8 P7 o. o" ewere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
/ ~$ I/ `, E) Z( ^: W; c" d(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of' ]9 S9 ^1 v# `( T7 I) L
this Act as if it were a re-determination under paragraph 59(1)(a) if2 w3 h) n4 P% m/ |
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 ^1 I6 Q. _% o1 a- v `because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not3 u( c8 }+ l/ k1 O& g0 o6 e
eligible for preferential tariff treatment under a free trade agreement; or
# L" M a: k1 d8 R; S" o& l$ z ~(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 M$ [2 }& G4 y5 @% t
because the origin, tariff classification or value for duty of the goods as claimed in the application is
( d6 x2 L# g. N1 P) w7 W8 F Z8 E3 vincorrect.
- Z$ Q" z3 N& p(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
3 X1 N! W; e0 O: D! _1 M9 v(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 U1 L7 V- b. ?6 ?other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) C6 t7 n* t" _; |1 v; O ]/ d
were a re-determination under this Act of origin, tariff classification or value for duty.
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