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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
! ^" v7 T; a) J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( A0 D3 p* h, n" \8 S
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7 B; z5 w9 i# N* X2 B, kRefund Requests) Y; g+ y) z, o5 A" F, o3 N/ c2 R
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 ^ d) ?1 d% o" a$ w z% f7 Vpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part$ u8 p! e% e$ L% O4 _
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
6 i2 Q, N. o/ d8 _4 _/ E4 q(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to3 m+ N( A2 N% U) e/ w- P* R
Canada to the time of release;
% K5 \# U+ j9 j(b) the quantity released is less than the quantity in respect of which duties were paid;4 e2 }7 c8 `) v6 w6 n9 Y
(c) they are of a quality inferior to that in respect of which duties were paid;4 E2 p% [% r) c( d$ R8 V/ ?, x
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( j3 [5 e V+ f: r
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* L3 Q& j5 Q' S+ A6 f1 Icase may be, was made in respect of those goods at the time they were accounted for under
6 R# _6 \. t) s7 x& Gsubsection 32(1), (3) or (5);6 T9 I: Y2 ?- ]( l
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% G! Q9 Y6 z" Y! e; g! @$ Q(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for1 l) }" H) _/ q4 B
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, H; t; f+ G+ D6 \( Baccounted for under subsection 32(1), (3) or (5);: h) |- ^ G8 X" Q( H% @
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
. I, c1 K5 D: R0 D(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)1 u& `( f0 u( G4 S; x+ {
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
]: N1 s6 m% Y4 O! ?3 _' zvalue for duty in respect of the goods and the determination has not been the subject of a decision2 o: q% `6 I4 s$ T8 F& O* m
under any of sections 59 to 61;, h% [. F9 X! h# s( D2 T
(f) [not applicable to non-commercial goods];
6 H5 v; t5 p# t3 A- z$ s+ t# W(g) the duties were overpaid or paid in error for any reason that may be prescribed.
$ w5 g1 x7 s4 }7 ]6 U(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based8 e7 K" X, R' |+ x9 l0 g
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
! J p7 B9 G% `9 @this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 x4 B5 k4 c* |* q2 _( ~* [(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
# X* ^5 a: H% ]) ]unless written notice of the claim and the reason for it is given to an officer within the prescribed time.. u) f3 v- X0 j% f7 k. ]/ Q
(3) No refund shall be granted under subsection (1) in respect of a claim unless
( ? j% l1 X8 @3 r2 x) L(a) the person making the claim affords an officer reasonable opportunity to examine the goods in6 |: l# Z& p% j7 w9 Y, }
respect of which the claim is made or otherwise verify the reason for the claim; and4 H+ V/ s1 |+ {) f2 `& L+ X
(b) an application for the refund, including such evidence in support of the application as may be9 F7 l6 _/ ^% h. W' ]
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: ]4 b' f) j% \7 s9 ]+ yprescribed information within
5 k" f9 ?$ j2 M' G# s+ |/ F(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' |- q3 N4 N/ Q3 Z% U* _
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
8 T& {) I- m- `. z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
7 W/ ?# P& m |were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.% S6 u+ w+ \0 r4 E1 u; ~& E/ E
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of. M0 x* O) e9 E( {0 g) f4 } s; a
this Act as if it were a re-determination under paragraph 59(1)(a) if$ y, I# T" L8 {: ^* _( ^2 r. j+ o
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
- R3 [- T t8 C- Y, j8 u# ibecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
9 u B" p4 |+ G: d$ \eligible for preferential tariff treatment under a free trade agreement; or
; ]) e7 I+ R0 ~ v+ V& p(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% A1 V# v q" S, w5 V" G
because the origin, tariff classification or value for duty of the goods as claimed in the application is9 y8 Y6 R9 [- q, n. W
incorrect.
( o, |! ?$ `5 W8 {(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
$ T6 K Y" t) I) K% W# N(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
$ B& n4 ]/ U* R2 @3 A2 Zother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
! P0 c# m( w# ?" p% ?5 qwere a re-determination under this Act of origin, tariff classification or value for duty.& }7 u2 i! \& z9 \9 `* G
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