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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations9 ]4 B4 R# s8 ]$ ?3 q, J" o+ A
上面说 非商业 进口 可以免关税? Y/ c2 e" s% q( y- y
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# G1 S5 G" b3 M! Q: K3 _& rhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests$ m. {! e( R2 Z: q, ~4 Q
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% }2 W* T1 I$ O$ h, Z, X, r+ wpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" D' e3 Z: G/ ]+ ^5 ~& ]7 A
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if$ H: h+ Y) @$ [$ o# N. a
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
. _* t3 C& v( A' _Canada to the time of release;
: Z1 J1 J# _& q. R+ b1 v(b) the quantity released is less than the quantity in respect of which duties were paid;
) C* ^4 a% h% N4 t( t1 h(c) they are of a quality inferior to that in respect of which duties were paid;
- ?, B( a, W# m2 [, _5 N6 v) R(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( U" Z1 \! F" s/ B$ b) f; V$ H8 [8 u
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
$ r V0 \# N" l5 d# \: y% Wcase may be, was made in respect of those goods at the time they were accounted for under- n1 c. ^, Y' y9 Y
subsection 32(1), (3) or (5);" }3 M" e# o0 O: W
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* ?) g4 ~4 N0 o7 ?4 T) k; u(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
3 m# c, Q1 D7 q, Tpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ ^3 o) Y# x, a; p2 E. `9 Haccounted for under subsection 32(1), (3) or (5);& S/ ?) m2 M r8 j( U0 h4 z! R
(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 e( c+ r& m7 |5 k1 o
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) e" a o( p' M- R# ?7 d
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% b0 v+ s& ~! L D; M5 qvalue for duty in respect of the goods and the determination has not been the subject of a decision
( p! e: h+ s' A) r! b# ~4 W! r" ?5 S( gunder any of sections 59 to 61;+ K% q0 F2 W9 \# c9 z V
(f) [not applicable to non-commercial goods];
6 |+ a; y! u/ a( o0 T7 m(g) the duties were overpaid or paid in error for any reason that may be prescribed.% G( P) e. K, h, {7 @
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% Q$ w* k3 @$ ?4 b
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ d* N: m; i. V0 athis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
9 G: x; A- b, K( Q' |. s* _+ c(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim: R$ u+ m3 n7 f! f. r6 ~9 J2 o
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
3 T! v4 V0 ]5 {(3) No refund shall be granted under subsection (1) in respect of a claim unless' |% A$ }' `5 R; \7 E% d9 |
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
! L1 Z$ Q2 W6 |8 @' f3 l* Frespect of which the claim is made or otherwise verify the reason for the claim; and _5 a' o, E/ V) m6 y
(b) an application for the refund, including such evidence in support of the application as may be3 i% a2 u0 u0 o9 D' e
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ y0 g( k& Q' v! J6 T9 L# ~2 x8 V; g% Sprescribed information within/ |( \2 Z) S" P& l! y5 J5 L
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 s5 q+ C3 _5 f
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and. q/ I$ s. U* i& \6 @& q6 c
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& X( P" ?- F; f& x. F
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
3 K4 L8 ^" h/ c& l0 Y, |(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" U S' [& c' M8 `. v% @/ ^this Act as if it were a re-determination under paragraph 59(1)(a) if' e7 W) x5 @1 `. o9 O2 `
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' r* o! l7 J5 A3 C- J1 f) B
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
& F4 D, t! |4 g6 eeligible for preferential tariff treatment under a free trade agreement; or
) \# n1 ]) W4 L' ?(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
' Q- S$ M" @3 s3 Rbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
# V1 }- a, G- `4 f: _7 p( [incorrect.
( S8 ~- }" Q7 E2 F* k6 L/ ]* S$ Y(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, ^0 b; ?/ k3 g/ l5 s! m
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground, k8 z5 E: @* q. a: ?' Q5 a
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
) Y5 w$ ?5 i% c. j3 [8 Z2 owere a re-determination under this Act of origin, tariff classification or value for duty.4 N3 c; _( [# _% q
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