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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations9 p8 a. E/ c N, p, C
上面说 非商业 进口 可以免关税?! {. ] M5 F+ D
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. G( F D8 E- e5 j' L9 u0 w4 q4 ohttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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% ?; r6 H6 S% U# @- \. Z% J1 H4 O/ QRefund Requests
! R" _# b& G& L3 J% W" y1 h74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who6 \; |! Q- h$ A% b- c
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 Y: t N/ `0 d1 D/ |7 a4 s5 kof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 V# a% `8 b/ i3 ?2 d; L(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
: E/ H- \ b& P/ e3 t. OCanada to the time of release;
! W5 U; _ F8 b y& P, v) \(b) the quantity released is less than the quantity in respect of which duties were paid;
3 v6 Y' {" [( a# R1 A+ x(c) they are of a quality inferior to that in respect of which duties were paid;
2 A) w* f+ _" S(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& g' W4 [6 I# U% Ftariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
& {8 U" A0 _- f! D. Icase may be, was made in respect of those goods at the time they were accounted for under$ ~8 q; N6 I6 A; P! @% T2 T! A
subsection 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
) K3 T# ~# w' w) c7 v* c6 b( }preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
. e+ }- V' Q$ ~2 xaccounted for under subsection 32(1), (3) or (5);
% t0 [0 V& ~+ i/ g' K(d) the calculation of duties owing was based on a clerical, typographical or similar error;. G# Z! p5 n# n% o
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 x( I- ?. V O1 N* H: }& ?of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or+ Y' c) o# o7 |0 a, `7 B
value for duty in respect of the goods and the determination has not been the subject of a decision
& ~' \# C. L: x8 ~! V/ B [$ eunder any of sections 59 to 61;$ D/ z, O" m. R5 {
(f) [not applicable to non-commercial goods];
& d# C2 C/ F9 G* ^7 I(g) the duties were overpaid or paid in error for any reason that may be prescribed.+ M; }# u- l$ L8 b. J
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% q: M1 n2 j. @ h G! T
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of- A6 _, C* n+ h+ F5 y" B4 R
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).) J/ V7 k; d; p+ \1 q% E# C
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
& w9 h: a% Y0 |5 E" d( wunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& P* J7 w9 |0 L/ X(3) No refund shall be granted under subsection (1) in respect of a claim unless% ?& u) j* S$ U! c" T
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in# T C9 T7 s5 {7 d& j
respect of which the claim is made or otherwise verify the reason for the claim; and/ S- L4 o% U" A
(b) an application for the refund, including such evidence in support of the application as may be
9 Y$ B5 H8 o! Rprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ ~; z2 {) w$ `: C0 C) gprescribed information within4 ~) s9 P/ \7 W* H
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
! I8 f4 l6 W% J3 F1 ^8 K$ hor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
( u N$ U: [6 e. e% l. S0 B6 j9 z: r(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ n% r! \+ _. E1 d1 U6 r! l ewere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 a( r$ k! t2 [0 B m5 n0 a; l8 w" d
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
Y" E2 t, t% R$ o. y4 @& nthis Act as if it were a re-determination under paragraph 59(1)(a) if f! l0 }( H* q. a. U; w& Y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( Q+ H, [8 B0 m/ S5 Cbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
) y1 `- o6 t2 n3 n, neligible for preferential tariff treatment under a free trade agreement; or9 ^- Q: v8 t# O c6 F' z0 F9 M# l
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
+ M" I% {- }: f* a6 Obecause the origin, tariff classification or value for duty of the goods as claimed in the application is: A2 f* w3 e, ^% m8 `! @
incorrect.% S, ^+ v3 l9 d$ d. w, u9 Q, y6 _, g
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; O; y0 {1 j3 B' J" J" o2 r
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
, c1 ?5 h' q8 J6 e" Aother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 U: e- X9 L! c' Q6 ^: w
were a re-determination under this Act of origin, tariff classification or value for duty.% e. B$ p- q, k* i- i+ U. F" F$ g
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