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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
% s1 ~; [( m' ~7 Y9 I. x0 o0 |上面说 非商业 进口 可以免关税?2 X0 s6 E6 r# ~* L
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf7 W/ K# a' i* q @3 ^5 Z
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Refund Requests+ ^) T, Q# v% M4 \! i6 Z+ v" O; \
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 F' m' r3 H9 E5 V/ Opaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part3 a2 s1 m3 m* L Z. n5 K2 ~1 Z
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
; c5 Y" T; w8 i. H(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
! T6 c3 U% z8 G, NCanada to the time of release;+ u# {3 t+ t6 ?, {' A" N, x
(b) the quantity released is less than the quantity in respect of which duties were paid;9 C: _5 A( N' g6 W% ?; o) `3 z, z0 u
(c) they are of a quality inferior to that in respect of which duties were paid;
1 l) N( r, e+ O' q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* Z1 V5 H# A1 c4 Btariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 d# o; C5 S6 P/ g; E9 z
case may be, was made in respect of those goods at the time they were accounted for under
- L( e$ y6 g8 X! x6 G3 M& Asubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 C9 k/ m" S9 c6 W
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are2 T0 C, E$ r$ h/ Z( Y, x
accounted for under subsection 32(1), (3) or (5);
0 f1 Q% a! t4 Y; h/ q0 l0 F/ y(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 m U7 \1 D; J# H0 v(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
+ b, w" l, h! B) G8 ]of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# K& s/ k+ r' Jvalue for duty in respect of the goods and the determination has not been the subject of a decision
5 ^/ i }* z* z" D. A4 A$ I" Bunder any of sections 59 to 61;
$ }/ K4 O* R }/ s) A' v7 w: p(f) [not applicable to non-commercial goods];
# L; i( A ]( o6 y(g) the duties were overpaid or paid in error for any reason that may be prescribed.
5 _7 H! ] h9 |: M3 Y' @6 S% i(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
& }6 N7 t# |2 C# S! A/ Fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of- \: z: U( C" y- E; C7 j* E4 Z! m
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)., ~$ L2 ^$ |' Q/ {; u& O# f$ |, g
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 o# N& B' i9 M+ x' }unless written notice of the claim and the reason for it is given to an officer within the prescribed time.: F; u1 u. t' U6 V6 b: m
(3) No refund shall be granted under subsection (1) in respect of a claim unless
% F6 \( u. Q* S' _; s(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 @$ {( `0 Z8 q( J6 C. T
respect of which the claim is made or otherwise verify the reason for the claim; and% {. j: R" I. }/ B
(b) an application for the refund, including such evidence in support of the application as may be
8 W! n! Y5 ^9 Y9 X& F( a2 eprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 X n7 M3 a) Rprescribed information within
8 @% y) e" Z& R+ M! _(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
- s0 _( a0 J' P2 Y+ bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and& ?8 v1 T! S% P2 y$ p {4 s
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; d8 A$ Q( [2 S8 p( k/ ~+ c$ l; swere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
: d! ~& h+ F! L: A; K3 E- D" b(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
4 U( K# ^2 l- d3 S9 Z7 ^! v0 W o6 othis Act as if it were a re-determination under paragraph 59(1)(a) if
+ e& l3 \) t5 d, Y B: Q(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 N) }, v. z: j! T9 U
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not$ f7 k5 f4 c7 ]1 j
eligible for preferential tariff treatment under a free trade agreement; or$ V g( |1 ~/ ?8 e
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ ~! N; b9 G2 g; m0 q: g+ \
because the origin, tariff classification or value for duty of the goods as claimed in the application is3 a6 `. }" L# f! L0 g+ T
incorrect.' i1 ]2 @6 l |' u2 W2 ^7 g7 t2 h
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),- h$ P% a1 c! p+ q( [; B5 `
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' |; M' @' J) m; n& i" lother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
0 r$ J! Z4 E2 Mwere a re-determination under this Act of origin, tariff classification or value for duty.; n5 d7 \9 u; v" f R
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