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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
, B/ t, ]. s: {. S上面说 非商业 进口 可以免关税?
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9 \# Y8 g% x2 T/ H! Chttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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! e+ d8 {6 @4 T1 iRefund Requests8 [/ Y& a, ]% z" T s
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
( k8 q' O: E4 u( Y: Cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( ~, E1 @3 c3 z" f6 e" Q) ~
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if' Y3 J9 {4 v' l* l4 c% j: g0 x* U
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ j4 e% v' x I2 o+ W
Canada to the time of release;
0 _) z( n6 S4 I+ z, [+ t(b) the quantity released is less than the quantity in respect of which duties were paid;
0 g- g- ^* |* L" A. W(c) they are of a quality inferior to that in respect of which duties were paid;
4 H P0 H" P) x, V(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 Z" ]3 _4 O& @; Y) H
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
- X' u5 h; h+ g* W5 W& Z3 z, f& {! ecase may be, was made in respect of those goods at the time they were accounted for under
8 p1 S- N1 L2 U4 h+ |$ Z5 rsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 E* |3 ~" D* w5 E1 v T& m% r
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are: u# H& f) F( w' w @( |- N7 w" G
accounted for under subsection 32(1), (3) or (5);' {- g% ?7 ?* v) Z
(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 c# y; y& ]- ] o9 m ]+ p4 i
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)3 k& j* Z; n/ Q# s4 h( y
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 U: O J" m' P1 gvalue for duty in respect of the goods and the determination has not been the subject of a decision
. l# ?3 M- V& n# g6 n+ wunder any of sections 59 to 61;5 D5 v8 i: p# i- X6 O0 {9 d
(f) [not applicable to non-commercial goods];
4 t2 E; b ?8 L7 o& {(g) the duties were overpaid or paid in error for any reason that may be prescribed.& z% l! W1 N; A; S. ^5 T& k
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
5 q' p: Q' ?9 b- r% ^) o% K* ^on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 `0 N8 X f7 ]) }& Nthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 Y/ M g* F1 ?6 f: r" {% R(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim$ |, |+ {; s* E4 s' G
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.% i3 R9 S. k, s; |2 h/ Q: R$ L
(3) No refund shall be granted under subsection (1) in respect of a claim unless
! Q/ ~$ x& p" n/ W! l' v% s(a) the person making the claim affords an officer reasonable opportunity to examine the goods in" P- Y* W0 G a& a3 g @5 ^8 Q
respect of which the claim is made or otherwise verify the reason for the claim; and
. Y* {3 b6 f, L# T8 ~3 m(b) an application for the refund, including such evidence in support of the application as may be+ ~, s" Z" K' U( a
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, K) c3 W+ S7 oprescribed information within
$ B/ [: N! m; Q0 W- ~(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) k! B: {4 \8 G* k2 N$ \& j- u1 e
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
$ r9 j1 a% K# ]- h+ M% K& p; L$ \(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods1 v) i5 a5 ]8 e: \! e$ _: D2 T5 `
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed. k Z# W8 e3 b* V6 Q8 ^
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of$ ~" B; C0 e" J( o8 T! j
this Act as if it were a re-determination under paragraph 59(1)(a) if# E/ D0 d+ e; S) W7 x
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied" Z$ g' m5 S* y4 t6 V, n
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not8 k3 A; Y. P* `9 v6 b
eligible for preferential tariff treatment under a free trade agreement; or: R% z* l* Y+ V+ K( i! x
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied8 u0 @$ ~' ~ n3 F2 @: J
because the origin, tariff classification or value for duty of the goods as claimed in the application is0 @7 b" R4 y' l3 X# B7 K
incorrect.8 Q1 l9 N/ T$ v0 ~
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ e; z, o9 n" _+ c
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' l! A+ x; ^: I* N
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- e& t" ^: j$ m9 | M. H7 Cwere a re-determination under this Act of origin, tariff classification or value for duty.9 f1 V- `+ @& F5 n% E, i
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