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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
$ d" _, p1 C! G2 y! f上面说 非商业 进口 可以免关税?1 ~% w7 w) X4 R' p
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3 J7 t; R3 H! Z, u; X# Zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf4 H" B' R% z9 ?$ m% L* q
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) {# ]6 V* F5 U3 `1 pRefund Requests$ N8 r. _1 k h) n( i& Y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! i8 Q5 N; T5 ]; p% }
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
; ^1 ?/ w# R. b. [6 oof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ D+ W3 ^1 g2 @0 w(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ \5 {; C$ Y0 H
Canada to the time of release;& P* g1 E+ e/ x* h- V
(b) the quantity released is less than the quantity in respect of which duties were paid;7 Q6 ]* d* Y& B/ l
(c) they are of a quality inferior to that in respect of which duties were paid;
0 a9 `. f* P' V4 i; c(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
# x5 Y4 {# w6 dtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( N2 k9 s4 \6 J; [! V, T X& j
case may be, was made in respect of those goods at the time they were accounted for under* F6 j+ c8 o M9 M6 h G; F
subsection 32(1), (3) or (5);6 @ _1 b' J/ D9 t' ~1 j; ~
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
: H i l# d5 H8 g+ O' mpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are$ N7 Z2 c- j* k& z2 k+ U
accounted for under subsection 32(1), (3) or (5);
T# R% P Z2 ~) x3 v(d) the calculation of duties owing was based on a clerical, typographical or similar error;
' I. t( d9 a' t1 c( G3 ~(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
# F' T! a8 F" H; B/ Eof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 |# B0 c/ K4 N
value for duty in respect of the goods and the determination has not been the subject of a decision# D. r) K# z% U, {- C
under any of sections 59 to 61;
5 U P. L& Y; a) T6 G8 H(f) [not applicable to non-commercial goods];- |' L8 s8 l0 s- y) a8 B( o- P
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
& f( M+ T/ z# C4 i(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
3 A/ J* S$ g1 Z9 o9 h% H3 l- ]on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
' u9 K7 M& M( c% V. i4 z* Wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).( K9 A2 P' o0 m0 H3 T1 u s; }) K
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim/ a4 h$ E+ o" I6 `
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
3 b6 R8 t1 K- W(3) No refund shall be granted under subsection (1) in respect of a claim unless
' c$ G o% G* ~: w/ f* V(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& r. b" I; y! ]; B) z8 Urespect of which the claim is made or otherwise verify the reason for the claim; and
( [/ |- I$ t8 e7 }* {4 G H(b) an application for the refund, including such evidence in support of the application as may be
$ @3 U% w/ X4 i3 aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 z" G6 }. p3 i9 N. N1 R
prescribed information within8 O3 D/ n# k: S
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
2 \0 o8 |9 t( X. W/ O6 |2 Ior (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and" M! w6 V9 H5 b" j8 I% ^4 r% x
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods% ^2 Q7 x9 ^* j
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' L( O% p( q" n1 }! L* _* K
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 `+ S+ l- H4 S- o2 y+ z* {- Z2 `9 athis Act as if it were a re-determination under paragraph 59(1)(a) if
6 L7 w! n Z8 P; G(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: |- W0 y- P* U, S" z, I! bbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not- u) \3 a% y$ u. F+ x1 o! x
eligible for preferential tariff treatment under a free trade agreement; or
H i% w' ? _# x% T(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
x1 i7 A% B' Ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is
" S+ Q: @+ h1 \; Uincorrect.
; O8 D2 A# I% ~, q+ o(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),+ }' n3 ^9 D3 `- j: S0 P1 Z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
: V, h; h6 h* D, yother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" d& [% i! T. o$ K
were a re-determination under this Act of origin, tariff classification or value for duty., ?! _. C; e2 @* F1 l7 w0 O
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