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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 y+ B4 `+ P7 |7 k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.pdf5 j! d) n1 C: @
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# R: H- c$ w. D! z; M' d- b% LRefund Requests2 l0 X7 d. K$ L* E5 ?1 k0 R3 p5 L
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! S# B4 Q6 S0 j& M" O
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
+ V; c- H0 {% R- {9 Iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
5 D. }) u; a8 W) a" j# B# o7 _(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ v9 E5 C; t$ _4 l3 B- F
Canada to the time of release;8 g# {) T9 {4 j/ d; Z' W
(b) the quantity released is less than the quantity in respect of which duties were paid;
6 Z# e- f7 _9 f5 P+ a9 z(c) they are of a quality inferior to that in respect of which duties were paid;
# n* e- }' g `(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
1 |8 i$ c, M( R) w, T' L8 ~tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; m( J% u2 ~9 K9 J: k
case may be, was made in respect of those goods at the time they were accounted for under; X" l0 j: Z% p
subsection 32(1), (3) or (5);
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( j- T6 y" y/ I [6 {% r" e(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for+ h/ K3 ^2 x/ f Y2 n
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 M9 @7 W4 I) B* Z* ?accounted for under subsection 32(1), (3) or (5);
, b+ Q: @( B. F! t: S- ?* l(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 w; [' m8 d( \. c/ g: H3 h
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
e- G7 R2 M. N& F1 f# ]/ {of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
5 n* r; K& R3 N4 F- zvalue for duty in respect of the goods and the determination has not been the subject of a decision
3 N5 b% c+ L" R* {) ~( e. F5 K; Zunder any of sections 59 to 61;* }- w6 b% b8 O R
(f) [not applicable to non-commercial goods];4 e5 E1 l6 j5 ?# f. ^( C) S
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
6 a/ y' z7 J3 ? ]. r(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based5 N& E8 N t9 x8 Y5 w9 }! r
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of8 T1 c4 b) ?7 B/ B; J9 h* Y
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
# d! Q- L' L, ~3 b- \, W: m4 Z(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
2 ?) g4 }. ^ M/ O9 Y7 ^! J" hunless written notice of the claim and the reason for it is given to an officer within the prescribed time.- h3 X9 j' E+ i2 ~
(3) No refund shall be granted under subsection (1) in respect of a claim unless9 }2 W& E) a8 A6 Z/ [
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in w1 X8 ~( J7 l i) u/ I/ u
respect of which the claim is made or otherwise verify the reason for the claim; and
! D5 r% A: i, R0 P# b" N+ N(b) an application for the refund, including such evidence in support of the application as may be
4 n: x% E. z) Zprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, c4 L. u9 V) I; r0 e6 k% G% yprescribed information within" y! S( Y! d! n& e0 {7 L3 H7 H( G1 }
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)$ R& a) Z( Q, b1 b
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
# j, d8 l- S; {8 r% _9 K8 @7 S- n4 O(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods6 e: R/ Q! t0 h$ t7 C
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.+ J1 a5 E9 o7 @1 }4 p6 ~
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
0 Q' `, ?$ K# Dthis Act as if it were a re-determination under paragraph 59(1)(a) if0 e/ }0 L1 x2 @0 S- p* o! ?- r; O
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 ^, ]& V# c2 f7 i3 U) ~because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 U1 p! j4 n4 @- |eligible for preferential tariff treatment under a free trade agreement; or
- n {' t1 i1 e, ](b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ B* K6 J8 t$ {8 ?8 v; O: |because the origin, tariff classification or value for duty of the goods as claimed in the application is; U/ q( K5 v# R9 X# o; x+ w1 v m. h2 l+ w
incorrect.
: @7 G3 q% m" G- g1 d& M(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),0 a1 ?8 W4 M( P$ ?4 ^0 {% _
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# {; @5 ^" r o/ o
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
5 m4 Y/ K7 K: b- |/ X! kwere a re-determination under this Act of origin, tariff classification or value for duty., ?; ^/ G& x' {8 p4 O) \* J
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