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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
& C/ g2 D7 O% E- \) m$ O- l上面说 非商业 进口 可以免关税?1 l+ b- K: G' Q; E5 a8 [
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf3 w1 R' i4 y, B4 n! p/ N$ N
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Refund Requests4 ~) `: W* a: h4 y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
3 c/ j. M4 K- i. X- v) ipaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
$ Q8 |+ r9 o" N9 y/ T" T+ }5 l+ hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if' }6 p& K* U4 U6 V6 o
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
% m8 P/ ~/ A- Y7 M* D4 JCanada to the time of release;* i' w- A0 U/ a' H' }' \
(b) the quantity released is less than the quantity in respect of which duties were paid;2 y6 L' y5 R7 t
(c) they are of a quality inferior to that in respect of which duties were paid;" u" m& p7 W8 q# O+ u5 T" y2 w
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
; k8 z: i; ]" w/ E$ G+ Y' E: x- Utariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
7 E+ }) p/ M/ @/ rcase may be, was made in respect of those goods at the time they were accounted for under
5 m+ A0 ~5 y2 D5 Usubsection 32(1), (3) or (5);
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Z' E4 k5 ]3 W/ f8 @& V# i- y(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 ~ `1 {9 J+ y1 b9 a3 y/ g+ }4 a
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
9 a/ | u* I# @accounted for under subsection 32(1), (3) or (5);5 N$ B0 C1 s' i$ W& q4 L: u
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ B( p& i' L+ ?7 J. Z7 F: A4 Q(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 b0 B8 d5 r( _5 vof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 q- z& a( X# T+ d/ p4 Q6 E% `
value for duty in respect of the goods and the determination has not been the subject of a decision+ m# A0 J2 j1 Y3 |% R
under any of sections 59 to 61;
- e: J9 ?2 r8 ?/ Q7 t9 c- A(f) [not applicable to non-commercial goods];
3 q$ U( n$ d9 j* v! P(g) the duties were overpaid or paid in error for any reason that may be prescribed.
6 m" F7 g# J8 ^(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 R) N+ j [8 ]$ v1 W( fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of4 U9 |9 [' a7 [; y+ p7 Y2 c
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
* s1 r. e, k3 D3 k(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
- Q; w$ l4 s( a Munless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 ?) ` g R) V$ U$ j+ H
(3) No refund shall be granted under subsection (1) in respect of a claim unless! k9 U, _" A: A! n' B& z
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 h# W0 J" p5 q" ?. a0 @) ]/ A
respect of which the claim is made or otherwise verify the reason for the claim; and
2 V. W* g7 j' ]3 j7 d4 l S(b) an application for the refund, including such evidence in support of the application as may be
% n& m Y8 X N% Xprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ h0 e1 m/ n- h; l+ F+ @0 Q8 Mprescribed information within
7 m$ R& Q' q3 q; ^. P(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)! q2 @0 k2 b/ ?1 h3 z! y+ O
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' p( m- {4 j+ ~$ s(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ |, P; j/ c* N/ S9 j; P* Ewere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 }3 Q8 W$ y/ \1 g+ q! A
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
* r0 C( e" S; d S) Q) t# wthis Act as if it were a re-determination under paragraph 59(1)(a) if
" ]& R( `4 n+ t3 I( Z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied7 C5 H5 U K- X) m' ~3 T* Y
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 U3 _( x5 @0 Heligible for preferential tariff treatment under a free trade agreement; or# [4 o( O" j* C) @( W0 [5 B2 t, A
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 o/ H3 v* W7 B# m7 n4 ibecause the origin, tariff classification or value for duty of the goods as claimed in the application is
! _0 }0 _) f- ?' Gincorrect.
' O# W2 t" w! L# M(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ ?, G6 B+ f( \9 Z7 T(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground. @3 } S p8 G: U, M' H
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it8 X5 H1 r' w4 ]3 |
were a re-determination under this Act of origin, tariff classification or value for duty.4 L7 h0 Q/ c9 M* s/ `. a2 ?
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