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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
\ J, D* R3 w6 B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.pdf
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, t1 g4 ], B- ERefund Requests2 u# B- ]2 ?/ f8 s: V: O% C
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who2 Y! T) }1 N2 C# V% V- Q
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
3 {, c1 F3 L1 cof those duties, and the Minister may grant to that person a refund of all or part of those duties, if0 V2 V5 z( Z6 E; J& ?( q. J, U
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ d+ \% g* J fCanada to the time of release;4 ^6 `* z e7 m: ? [ [1 t
(b) the quantity released is less than the quantity in respect of which duties were paid;
9 X1 F) S$ y- J6 g, [(c) they are of a quality inferior to that in respect of which duties were paid;: N5 o9 B1 [8 Y* \8 s5 k4 b
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential. Q! {3 M, p L, z% J. J* M: v
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) q! I- V( k. k- [. F8 zcase may be, was made in respect of those goods at the time they were accounted for under' c3 r# b+ _ s7 u% \6 J
subsection 32(1), (3) or (5);2 B7 |4 c" V9 z% g
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}# H( f, q4 b: a- t% ?) p(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for/ |/ N% B% B' f, |7 E# _& q3 _$ c
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
" \5 f1 _) a& ^* Z4 Y' saccounted for under subsection 32(1), (3) or (5);
9 r$ B f# }( H, e& u) |6 P(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ {5 w+ z6 Q8 r$ I1 G(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)+ l* n4 u5 I* ]4 i+ t5 e7 G
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
. k; o! n. z h5 V4 `7 mvalue for duty in respect of the goods and the determination has not been the subject of a decision
. ~6 E) q( L8 W* Q: ^) N# Y% }under any of sections 59 to 61;
8 b3 z: I1 d5 o' m(f) [not applicable to non-commercial goods];
: O* r' O7 s# n; ]+ i(g) the duties were overpaid or paid in error for any reason that may be prescribed.& l& p3 T" O5 h3 ^
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based2 B8 g0 d K; j I p2 ]% C
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; B: u1 O6 B1 M% A5 D- q
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( N& D( e$ @$ K/ k* c U2 |- i(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 A" P% m! {1 X/ M* k7 b
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.9 c `( h8 ^! H& U( m
(3) No refund shall be granted under subsection (1) in respect of a claim unless
! o# V" G# g: w( W1 c3 g3 F(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ _, N2 F, s& u: y
respect of which the claim is made or otherwise verify the reason for the claim; and; f; z& A U" E3 ~
(b) an application for the refund, including such evidence in support of the application as may be3 @ t( Q E+ H/ l
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 ?8 T1 `7 a$ v0 }5 ]( M
prescribed information within
/ [* m4 L, J$ p q) N1 c(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 K5 M6 @" V+ @3 x( D, V/ aor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: z. r7 C! e9 q' M$ Z/ I. k! B
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods0 T4 W! ^$ w+ }8 X- z0 A
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
5 g' z' F$ {- u0 {(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of# Y) ]5 j7 T% X4 |7 |3 L7 p
this Act as if it were a re-determination under paragraph 59(1)(a) if& X) N# `& N% m6 J
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied" C. v6 N: D, a. b7 ]& A
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
; S: l4 P; h" _1 J# Xeligible for preferential tariff treatment under a free trade agreement; or
6 @# _9 Y) F: e9 T(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: ^/ l0 Q% {, `( P% abecause the origin, tariff classification or value for duty of the goods as claimed in the application is
M. E3 R2 C% I4 l* ?incorrect.9 {: _7 C8 b# J+ \% R; E: A; V! d
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" }9 ~* y; v) }6 x6 {* U/ G(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground/ i% K) o* H6 Q! B# D$ X- x0 d
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ r# P! r3 f) G% O
were a re-determination under this Act of origin, tariff classification or value for duty.
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