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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
: W" u$ m0 R6 j& C3 m上面说 非商业 进口 可以免关税?3 e0 Z! g6 @) k/ Z
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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) N( y, y) M/ \, TRefund Requests) [; h5 D; r2 ]# e) c0 M. `2 L3 `
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
+ A) y+ _9 M2 h& U5 a8 G# Epaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
& z q' E1 O& H* q* Gof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ N) b, V6 ~1 {! F: @ i(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to Z+ p+ j9 Y: O
Canada to the time of release;
( V8 I- k' T9 p; w$ z0 @' Y& B' {(b) the quantity released is less than the quantity in respect of which duties were paid;2 G: Z1 N. N$ L7 O
(c) they are of a quality inferior to that in respect of which duties were paid;
3 y ~/ ]2 {2 p9 n3 \+ A5 M(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential. f& q! d0 d, q1 ?2 [3 z1 n2 n
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) J- C2 @5 q: m* Rcase may be, was made in respect of those goods at the time they were accounted for under
, \7 E& m8 e. F3 {& Ssubsection 32(1), (3) or (5);
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0 z# S+ ^- z5 P( }; F+ E(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
/ g/ E# _: O% a3 n% P7 Z/ S& Mpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
# T$ l3 D0 C% ~) L8 F! Xaccounted for under subsection 32(1), (3) or (5);1 s% T! Q' n; m; R5 ?, u, G% C
(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 h X" r; Y4 F9 N! z% l+ f
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 E9 a8 e5 ^! Hof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
2 {1 p5 O1 \" J9 Rvalue for duty in respect of the goods and the determination has not been the subject of a decision' F4 D- X9 [& ?' ]; s; \
under any of sections 59 to 61;
$ s( Z4 Q0 b9 a" n5 J3 k(f) [not applicable to non-commercial goods];9 _- v' s( J/ G& l( R+ x
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
' O; B. o. G( j/ b) o(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
# H' Z8 j G! X" T* l8 p+ Kon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ z% K8 ~" W% d7 Q! I
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; v1 G5 s7 x% A. F G0 B- h3 L" p(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) u o3 w# a3 k2 M4 z' R* M
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
/ t4 G/ W" F6 R& w% ^' S(3) No refund shall be granted under subsection (1) in respect of a claim unless
" r: D5 p4 G' o' k(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 P8 z1 e p: p* H! n, vrespect of which the claim is made or otherwise verify the reason for the claim; and, ]' w& x" F8 O; W6 c* R- ]
(b) an application for the refund, including such evidence in support of the application as may be+ A" ]+ d/ i% O+ i$ d2 P# B& e
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ [; R' u0 d y' [; qprescribed information within1 C* Z. l9 W* g7 [
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) `/ L P5 M$ T( Z' ~% Gor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) _6 M% ^" Z1 O' L' {' b: l6 P(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 Z) J0 P9 x# O3 B' Y' T8 t/ G' e
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. W" N; P/ a4 p/ Z( i7 O
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of) z% _9 ?! Z0 v ^' g! ?3 t
this Act as if it were a re-determination under paragraph 59(1)(a) if% \ o7 X$ E' S3 w9 a
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
1 |: G4 O: X: m5 N9 Q1 ~. Xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not4 h& P) E; V" i% T/ L
eligible for preferential tariff treatment under a free trade agreement; or
5 m5 O9 ?3 w7 o(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 s+ W9 J2 E) W$ c* z$ M
because the origin, tariff classification or value for duty of the goods as claimed in the application is
# o5 p, t# R. \! w. g: W- h; Mincorrect.
# C% b* @! {/ F3 ?5 c! J# _(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 m" X, h- r; J! V- K
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ E7 t1 G4 f2 {. v& M3 w8 }+ Z" M
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it6 U: a h8 F# P. b
were a re-determination under this Act of origin, tariff classification or value for duty.
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