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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 A) q* G: G0 z. W
上面说 非商业 进口 可以免关税?: t8 I Z$ W% U6 @; Y' R# `# X
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6 u& [( @6 w9 ]- H3 Whttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests( D* B2 t* A6 |! R9 k7 B1 Q/ N0 Y- a3 W
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who" R: d9 T; I6 T1 I, f
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' x7 O# k% k8 t0 V2 Q( G8 X3 P6 S
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ F9 ?& O" I9 ?1 M. C8 s# Q$ c) E) {(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, E: d$ a3 C; T$ y
Canada to the time of release;# w6 n) D. F, w8 q
(b) the quantity released is less than the quantity in respect of which duties were paid;
7 p( { ^: {. Z* x% b0 D* y(c) they are of a quality inferior to that in respect of which duties were paid;
& G" g4 \8 t4 m m b$ H8 @(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential$ Q' c1 ^: [/ ]& c3 }
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) R7 i# p& f: I& S9 X5 D+ M/ z+ @case may be, was made in respect of those goods at the time they were accounted for under* m- O }! f# @. Y. }
subsection 32(1), (3) or (5);
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( U& i# d2 ^0 o$ A: t1 {(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for1 N# w) i9 j3 h* ` N/ y9 q" \
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 N/ z8 V# I& Q& e1 Y7 C
accounted for under subsection 32(1), (3) or (5);2 q6 I& J* E5 Y/ G1 k: E3 n
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
* f0 b* v7 l* ^/ a/ X- s(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 c/ ]4 q0 N0 s/ \' c3 [. C" v
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; N: Q" B1 K5 X2 ?1 ovalue for duty in respect of the goods and the determination has not been the subject of a decision
5 \9 ?7 O/ D% m1 runder any of sections 59 to 61;; u) ?8 [+ O5 E& T9 y
(f) [not applicable to non-commercial goods];
+ u3 H: \, r. Z8 [- L! `7 x0 n(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; l* o$ o" L5 P& \5 |7 d* M+ c(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based9 u( ]/ I: ], N Z! o8 R3 R* A; R0 R
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
8 o. {- C/ e- n7 F' V7 \this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)., q9 q' o3 d$ V) z; u
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 r! v# ?0 O9 ]! b8 l. Iunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
. w1 a6 `6 L1 e" [6 t+ d5 W(3) No refund shall be granted under subsection (1) in respect of a claim unless' z, {% n$ g; @4 Q! g/ F. {% P
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( a2 [9 W$ X, t. ^6 \9 w& X
respect of which the claim is made or otherwise verify the reason for the claim; and; {8 f% n) F; U$ S) L
(b) an application for the refund, including such evidence in support of the application as may be
8 U o. ~# x1 d! \3 Q2 _. O% \prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the) a* p0 x( C; _( p2 H
prescribed information within q# _7 R$ T5 y* j
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 z9 |- q# x: {or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
+ n( s& A0 s2 d(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
* L+ D8 J$ y7 n0 w0 u+ y3 Owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.9 f4 J3 }2 B% i @; t3 K3 k
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% h2 p; }- _$ X9 n" M
this Act as if it were a re-determination under paragraph 59(1)(a) if( T1 U, R( S% P4 l- f% ]
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; Y5 }& Q) Z0 N! t( I" h3 K# Nbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 J1 C( E1 A% W9 M" leligible for preferential tariff treatment under a free trade agreement; or
' A) f8 }/ i9 W7 F$ B* U1 J(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
# }9 s9 C! v7 V$ ^( ~2 ]( z2 Gbecause the origin, tariff classification or value for duty of the goods as claimed in the application is4 ?* L, O% J+ F6 I+ K' i
incorrect.' i" v' z7 V" B8 q0 O
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
8 N$ e- Z/ P; d6 J( T(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
: Y, C6 X7 Z* o: `6 D* e4 Xother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ z5 Q+ @0 k4 M- U! g! Y" F
were a re-determination under this Act of origin, tariff classification or value for duty.2 T* t$ J4 K/ e6 N( c% D. C) F0 h
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