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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
/ q9 q2 C% F% ]3 s2 ?) M上面说 非商业 进口 可以免关税?. t9 u: e E7 w) G) _0 o* I' M" d% B
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests1 V( O4 Y' e3 N9 \
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
0 e8 s6 v: Z; {$ X- A. Q4 ?5 Wpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 G( e9 a& K+ Wof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
t. `8 ~; J9 f(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& Z4 S' U+ A" E
Canada to the time of release;
# {& N* @6 O Z4 ` Q: U(b) the quantity released is less than the quantity in respect of which duties were paid;
" x4 p, J" x% u* m; {4 Y(c) they are of a quality inferior to that in respect of which duties were paid;
! O6 ]# p; e2 B4 D1 C# r(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential$ I n. B: u7 }$ X' x. B4 v1 A T
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; c4 U' a! \8 ~, t& G: o. ~; P9 S
case may be, was made in respect of those goods at the time they were accounted for under/ \: {. d8 B) p4 C& Z
subsection 32(1), (3) or (5);
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4 d3 h1 a0 X2 H, l' G: [(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
' E! ?& ^) D# Q; ?; R+ ypreferential tariff treatment under CIFTA was made in respect of those goods at the time they are2 F$ M+ d. p$ j5 f* Q, j n7 [' \
accounted for under subsection 32(1), (3) or (5);
5 M" d6 v, J, I, P' S(d) the calculation of duties owing was based on a clerical, typographical or similar error;& D6 ?: W) k' ~8 j
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: b& L* [4 a1 Nof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or c% [6 T# x% S5 x" d
value for duty in respect of the goods and the determination has not been the subject of a decision
: A- [) S8 n6 e& i" P2 T: aunder any of sections 59 to 61;
6 ]0 x! r+ w( t; P) K(f) [not applicable to non-commercial goods];, `3 g( Y& k4 H9 i; n( `0 V5 L' b
(g) the duties were overpaid or paid in error for any reason that may be prescribed.6 ?! ]* m/ \: n2 m* Z
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based5 q9 R* `% _% Y5 _/ A/ m
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
% {8 F7 o$ m9 rthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
. F1 [: z/ l6 e" b(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
6 T7 A% n4 J" e2 D( Q! iunless written notice of the claim and the reason for it is given to an officer within the prescribed time.* C# a9 |3 S, \" ^5 X* r
(3) No refund shall be granted under subsection (1) in respect of a claim unless- D& ]" O7 Y Q2 p" F
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 Y; U$ y' f6 k# ?7 srespect of which the claim is made or otherwise verify the reason for the claim; and
3 T7 q! y% h7 F( d( k(b) an application for the refund, including such evidence in support of the application as may be6 W$ n0 F& W" b1 i- b' Q# s
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the- H8 k* O# {8 j) o
prescribed information within
; m/ B: j8 ~# l7 Q/ f2 H(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# t& S6 {$ E* [or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
; ^5 B; q4 q8 c/ N(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
: Z r2 j5 h Swere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 w7 q' K0 k4 `(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
3 j+ d5 \7 V7 W9 y5 L6 Jthis Act as if it were a re-determination under paragraph 59(1)(a) if$ m8 p# P; n$ p3 |) X& f6 S8 M6 h3 @
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( H/ d% ]! \3 M3 ?7 `6 K( Fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
9 f* |( |5 S' Y+ Geligible for preferential tariff treatment under a free trade agreement; or {2 C' u5 ?/ h) l; x. F
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied* O4 d* `. m! |, P6 Y ~6 I
because the origin, tariff classification or value for duty of the goods as claimed in the application is
; r; S$ R% ~- n( Q7 Y. Fincorrect.# E+ r: d( S0 u- W0 r4 b
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, s6 c7 @5 M8 o+ z" F# l" I
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
9 A# G9 t# j: k9 vother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it: Y/ v/ {/ n# m8 s& Z
were a re-determination under this Act of origin, tariff classification or value for duty.' P/ d% g: J, B" p' w- Q
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