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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
& {" v- r; Q* E' L. U8 H上面说 非商业 进口 可以免关税?& L0 M0 M- F' ?8 Q
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2 }, X- n1 J5 L1 x( ]http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf! Q9 r4 v/ p( V1 b
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Refund Requests
/ R2 K* H) G ?% Y3 h! o74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who& X! ~) Q0 W4 l- w9 U& e
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 c* t' B7 a' B$ \of those duties, and the Minister may grant to that person a refund of all or part of those duties, if" L* ^; X+ Z! b3 w, S+ |: X$ I
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to' I- U( B8 j2 k( r' }
Canada to the time of release;3 ~7 v5 E+ k5 p' d+ ?0 O, q
(b) the quantity released is less than the quantity in respect of which duties were paid;
; R2 ~' L6 f: l! l5 |* w% ^(c) they are of a quality inferior to that in respect of which duties were paid;4 h T, W0 |5 J
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( t0 K8 I; n! d, d M! H; T4 D- D
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 E* h' Q3 g7 @ ]case may be, was made in respect of those goods at the time they were accounted for under
! E0 m8 p+ I4 S* h7 A( ]* m V% usubsection 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+ `: s2 v' \. Z
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
8 u% S$ u, Q: a& i$ U9 a2 Naccounted for under subsection 32(1), (3) or (5);
% g3 z" e! O' U0 X; V) c(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: W3 v. S% @3 P0 N& T(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
) A# w( u p @5 v9 N8 Tof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 Y9 [% o# k8 c& J' T$ T/ Y& e8 C7 w2 H
value for duty in respect of the goods and the determination has not been the subject of a decision! z: x! \! J$ L
under any of sections 59 to 61;/ n+ Y. h* W" T6 p/ a L
(f) [not applicable to non-commercial goods];7 _ ~- c. W2 f% D' _
(g) the duties were overpaid or paid in error for any reason that may be prescribed.3 ]# {, |: B4 Z
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
- g o$ T+ p+ o5 Q5 ]on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
4 n5 y9 m7 e7 p5 Mthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).' v' X" L$ Q$ S- s1 }, e! e; _+ \
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 {& a6 m% w) { X; m
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
1 u7 |- q( A# D, F+ }$ j) _(3) No refund shall be granted under subsection (1) in respect of a claim unless
$ ^8 Z; Z& G! p. y3 `: o(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: ], p: G2 a* A+ g( i' ?0 }1 j# M
respect of which the claim is made or otherwise verify the reason for the claim; and
8 y2 C8 m( g: `8 J) V(b) an application for the refund, including such evidence in support of the application as may be
2 M5 f* M' w/ ], k0 P* Gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
! R7 d. t2 x- A) P7 iprescribed information within3 @+ S, B" C- l# |0 m
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 K- P) Y E# L2 s2 W) j% ^or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
+ k4 D! E5 r- m( f(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods$ w* A) T1 _: s7 d
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 ^4 ^. U6 }- c3 M: W
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 ~3 r3 F! c; [# r1 r2 N
this Act as if it were a re-determination under paragraph 59(1)(a) if/ Q) G3 N& r d9 M1 ~; t* ?
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied% a/ G2 I4 ]. }5 M: O
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not2 ^1 a2 U) k; k# K, b+ _: B- D
eligible for preferential tariff treatment under a free trade agreement; or9 Y& a# A0 }9 ^! n
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
) K% ?: p5 Y/ e. f( Q) Vbecause the origin, tariff classification or value for duty of the goods as claimed in the application is( P$ v: m0 W7 G3 Y
incorrect.8 D# e* s4 L$ c1 J4 P
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),# u2 j7 X$ a% Q
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 D4 z( e# }. @/ ^* Y' C& n
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
Z8 Y* c; O; }6 G$ j6 E& Dwere a re-determination under this Act of origin, tariff classification or value for duty.# z# ]: c S! A4 S) i- W( F/ Z! k
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