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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
: B7 t- U h |& a! q$ [上面说 非商业 进口 可以免关税?0 j0 r. P+ S0 B D/ v
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf/ M& o; x; ]0 p0 u3 [. s
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Refund Requests1 N8 e* y( c5 ]2 S
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
' t* |) `9 Z+ q4 Rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
0 R* I6 k" c* ~3 y6 Xof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
$ k: Y; s4 X* q8 j, c% d7 i(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* |5 E% u/ \1 L( aCanada to the time of release;. `* ?2 }, n m9 A0 Z1 V
(b) the quantity released is less than the quantity in respect of which duties were paid;- O2 C9 v/ h2 G2 l [' d( l% s' r# F
(c) they are of a quality inferior to that in respect of which duties were paid;. R/ e2 W, [8 p6 |- o8 F; o
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
7 w" C# q4 @) i% Y0 A+ Ktariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& `$ H9 m) _6 G4 A
case may be, was made in respect of those goods at the time they were accounted for under
. y. {5 z3 N# C5 Ssubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for" n0 w* w. Z9 B2 [3 R4 V
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are C- V8 \0 H* q9 m. s: u
accounted for under subsection 32(1), (3) or (5);
0 y1 g V1 E6 d- N1 |% A(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ U& ?; X+ Y& X: M(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
0 R# v3 t* o' c% K. S3 s; ^of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' c1 R, \ b* c" avalue for duty in respect of the goods and the determination has not been the subject of a decision& w5 N2 V# q" m& V1 |8 m4 M9 ?, @$ c" T
under any of sections 59 to 61; {! h9 s4 {/ M& p u1 i8 n
(f) [not applicable to non-commercial goods];
) Y) B- |# ]' ]5 B- }(g) the duties were overpaid or paid in error for any reason that may be prescribed." W |0 y% h2 u% w
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based9 |! v- d- F& F6 U- s7 P$ J7 U
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
# L: @ h' H* k% Ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
& @7 J( ^% Q/ b, ^2 t( E' E(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
9 |4 ]! a8 d3 ]* w. i4 ?- r5 Tunless written notice of the claim and the reason for it is given to an officer within the prescribed time./ m+ o5 p3 e; u0 n) j
(3) No refund shall be granted under subsection (1) in respect of a claim unless
; F9 B3 E$ R2 L6 g+ C Q4 N" x(a) the person making the claim affords an officer reasonable opportunity to examine the goods in+ v, p$ C1 N. S: J
respect of which the claim is made or otherwise verify the reason for the claim; and
5 }" f8 y8 _( Z+ G% |(b) an application for the refund, including such evidence in support of the application as may be
; X( F% l4 q* q+ a4 `/ o/ h: n' Iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: V2 m+ l+ I& i( {
prescribed information within
5 }6 P! ~7 e% Q9 t' q(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
4 f% ^+ Z6 x# bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and# {' P" ^9 W# m3 u; }
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
: r1 K8 K9 y, R+ K" {4 d" ]! nwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.: T9 Y* ?! t3 |& F! f) o
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! e2 H, R, m( S: r# E/ `% I6 f
this Act as if it were a re-determination under paragraph 59(1)(a) if
. k6 b6 j. ^" _9 ]7 v& R! ~(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied0 H, q* p: }& S% A4 J8 _
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ R; N/ o# F3 V( K9 E. [
eligible for preferential tariff treatment under a free trade agreement; or/ x; X6 u1 e2 ?3 }+ c& S- H6 J
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
2 n" P% ?2 u& c( K* fbecause the origin, tariff classification or value for duty of the goods as claimed in the application is2 R i2 R+ G, P s) g5 Y
incorrect.
" R6 q' e9 ?+ N# ]2 \5 U* n0 J(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) J2 c4 `" j" Y$ \) c, Y6 ]% L
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground) A3 f# _9 ~! t/ p+ H2 D* d4 V+ g
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
) f, P' u9 z; awere a re-determination under this Act of origin, tariff classification or value for duty.: K. K' B, O- J
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