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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
, b7 r8 J3 D, `$ ?9 Q上面说 非商业 进口 可以免关税?6 s- V h% k2 {
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests8 l9 M/ ^) }' f: F8 i& [2 ?- b4 i
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ n- D* L/ h1 w" O& `paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' }2 U0 y$ |+ I1 P% H/ e, }+ _of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 o, C+ z$ |: K3 E" u(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to) D1 X# d+ T$ ~! w m1 ~
Canada to the time of release;! |6 q3 Q' }& n- v9 g
(b) the quantity released is less than the quantity in respect of which duties were paid;
1 `4 R( \0 O; ]) W. v0 d(c) they are of a quality inferior to that in respect of which duties were paid;( E( Q% o( y' R* J0 u! P
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
8 W; B- G* H! }tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) }- X: n# H/ x' Ycase may be, was made in respect of those goods at the time they were accounted for under
# O' X8 W( v. O) A5 \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 for7 L+ W( y& w& s7 e. p' F! H- r/ Q
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
# t4 \, k4 S6 Taccounted for under subsection 32(1), (3) or (5);0 |( b: q; |& r1 l0 U
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
0 R2 V; q6 G( _* ?2 S6 w(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ ?/ w- M5 @, f% a: g7 nof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
M, O1 p! Y2 m( {value for duty in respect of the goods and the determination has not been the subject of a decision
1 W7 Q, r1 ]$ `/ z: A+ S4 U1 ?# ounder any of sections 59 to 61;
$ w% w+ `# z# W; |. P! M(f) [not applicable to non-commercial goods];; j5 C/ } h1 ~. [8 y4 _
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
. e. f6 C0 A- S0 h2 w! z! F(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 N" |' o$ b3 d1 e3 v! }" P
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
4 z8 J. ], i) B# G7 k- |# `2 Dthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).* z/ l( {& f+ d1 p) G
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 c9 B( g2 h3 n2 L8 s2 nunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
3 Z7 Q M. l0 g(3) No refund shall be granted under subsection (1) in respect of a claim unless' F* |1 H) }" h" G- S( n) ]
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 |8 d0 p& g7 P/ ^1 `! q9 y
respect of which the claim is made or otherwise verify the reason for the claim; and, F& h( T4 y7 c! H$ G2 }( g( C
(b) an application for the refund, including such evidence in support of the application as may be
$ b" c" P4 X! N/ pprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
5 @& H- a% F( {- e2 k& ~$ t, xprescribed information within
$ f W* u& V3 R& U" s" ?: u( U1 B! C(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) I9 S! U- s+ ?( Mor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ d8 r6 _5 o! A' f# s
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 P# F" x- G5 I! ?. T# F' s6 Z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 X2 `& |* f4 ? m
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of( d' ?2 c6 i- `
this Act as if it were a re-determination under paragraph 59(1)(a) if
" d; b, p; a/ R1 E) W7 m& h$ h(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied+ u! D" \! C& Z6 R& ]/ o7 d, H
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not5 Z( O* g* F. Z1 Q: ?# ? G
eligible for preferential tariff treatment under a free trade agreement; or
- u# p- m, } W4 p7 ~(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% D0 k9 T+ H7 l4 K3 X8 P6 G0 Lbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
; R5 c) A, @% G6 W _0 Yincorrect.3 M- I' ]. E) V
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- v2 _+ z' q, T- Y7 ^5 `(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" O" l7 u6 Q+ M2 m5 |other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 i' s( G+ g Fwere a re-determination under this Act of origin, tariff classification or value for duty.
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