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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
! M2 g1 c2 ] o6 L上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 K. O( ]1 Y( i; L2 }& q) P, q. F
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" Y) E$ n6 v+ j! a( JRefund Requests. h3 F0 C1 B7 H$ O3 O
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 X# [ S1 O5 P" B
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 I1 b: J. o+ m) T* m# Fof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
5 O. F3 O" y6 D. U# L* z8 v(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ Z' B k& W S8 O, }Canada to the time of release;
% R; O; `' \/ [) Q; a' o$ m9 h(b) the quantity released is less than the quantity in respect of which duties were paid; Z3 [+ H' V( [2 j# M
(c) they are of a quality inferior to that in respect of which duties were paid;
% Z. a6 ^% C: E3 ~(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; b9 Z5 b) d8 p* ]: X' B2 |
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
% j5 q) m5 F: z& m- H3 r1 u0 U/ V3 ycase may be, was made in respect of those goods at the time they were accounted for under
( _2 b* f$ ]+ X2 M1 ^0 V+ Rsubsection 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! T% p9 s. L; B1 O
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
8 O( I) S8 Z- U7 k; @% _4 Uaccounted for under subsection 32(1), (3) or (5);
- Z$ N- Z1 B& F5 j# i(d) the calculation of duties owing was based on a clerical, typographical or similar error;
. W( u' H" x( R1 e& z( t(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). F0 ~, B X, s7 L
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or* J$ {( j& t. h# {( D
value for duty in respect of the goods and the determination has not been the subject of a decision
y. u" A: e, s! E3 tunder any of sections 59 to 61;
5 c* {6 ~6 P0 } h6 K3 b(f) [not applicable to non-commercial goods];
: I. a" L) J6 r5 ~5 g5 U. _(g) the duties were overpaid or paid in error for any reason that may be prescribed." G& t8 [* K% L6 z8 K# a
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ d' o: I5 H, x$ K( z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 v4 }$ c' S6 Tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! K: Z* v( \. g6 e9 z7 S(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: }9 K4 ?4 B1 e% iunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' |2 R$ Q6 o, A(3) No refund shall be granted under subsection (1) in respect of a claim unless! s8 p1 e; H6 Y. q+ B/ n I8 T
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# y2 g9 {- V) K1 m6 Q$ Wrespect of which the claim is made or otherwise verify the reason for the claim; and5 m8 z2 K$ s& r
(b) an application for the refund, including such evidence in support of the application as may be0 g2 s8 x& m+ r( X* L
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the( Q5 Q- I- v+ U, D
prescribed information within5 U$ w$ A8 e& V- c
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, T9 W3 W& `' Oor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and Y) ^) m; R2 k) o
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 ?) @* @* k) j2 j" Wwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. E0 {/ D- F9 m5 Q
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: ] j3 |" i- E _+ l6 |this Act as if it were a re-determination under paragraph 59(1)(a) if4 B! d& @: B {/ w/ O/ n
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
" _' y1 n! s* P. C' Qbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not# T% A @/ @: l; q( [( f
eligible for preferential tariff treatment under a free trade agreement; or" c6 r( j7 _) B4 i6 y
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ _) ^& d# K8 e9 V$ a, t# g/ dbecause the origin, tariff classification or value for duty of the goods as claimed in the application is$ h! Y. [! j, q( v
incorrect.9 q0 z& q( U* D4 X! m
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e)," P. D3 y" A" u2 Y5 j( a
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' l5 p3 {+ }- t
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
( W; `4 d c$ W( t9 O, Bwere a re-determination under this Act of origin, tariff classification or value for duty.
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