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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations- Y/ H# e; f' L3 e0 m- f
上面说 非商业 进口 可以免关税?* g6 c, t. |+ ]! e8 x/ t# B# j V
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf! A. o: ^# T1 {) v$ o" f3 h5 S
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( i1 f0 A% |( ~8 B2 y8 Z$ jRefund Requests: [4 `6 o+ q/ i' g1 @
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ w! b |/ j; e1 y+ jpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 G2 p$ o) }. }$ R+ A
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if$ q' t* Y) S7 P& n
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to! t$ [2 [# k! I8 E) M# F
Canada to the time of release;, ^1 a7 c4 K: k- Z
(b) the quantity released is less than the quantity in respect of which duties were paid;2 N( @4 ^/ k% p' P
(c) they are of a quality inferior to that in respect of which duties were paid;
1 Y9 o% B, Q: V6 \6 d(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential- [8 B8 m% h9 Q2 a. Q; d4 z3 y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
G" q. V$ O/ qcase may be, was made in respect of those goods at the time they were accounted for under
C$ y1 Y/ W8 K7 Asubsection 32(1), (3) or (5);. v0 E0 D h0 l3 o! P) v
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1 a& T# j6 x5 [+ e5 T0 L(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for" r# {: X- D4 z
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
J5 P$ O0 {$ M- J9 Gaccounted for under subsection 32(1), (3) or (5);
) g5 C7 o z2 K. V$ I- ?(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 K# j& r `8 Z; o6 I" ?, P
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)5 Y& `( |& N' ~- s, h
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or9 x8 ^! _+ X' w6 Q: y
value for duty in respect of the goods and the determination has not been the subject of a decision, p% O' q! h- g; i
under any of sections 59 to 61;$ q0 O4 i6 P5 }; K% E! @( E
(f) [not applicable to non-commercial goods];, d0 m: a& W& t( E4 q1 }
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
$ P7 B0 Q, L1 g7 x) I# w(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
7 C( x3 w+ `. }0 B8 W- t$ P. fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
6 R y1 r3 J) T/ D/ d2 T. [! N8 [this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ r8 ^- @; ^1 n! T% q1 j(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 A) Z- ` a: o9 h; k6 ^" Runless written notice of the claim and the reason for it is given to an officer within the prescribed time.
0 R+ o6 M( ^7 @: } e6 O" G(3) No refund shall be granted under subsection (1) in respect of a claim unless
1 s4 _9 I+ H5 c3 X- M! G(a) the person making the claim affords an officer reasonable opportunity to examine the goods in8 n- N/ n. M+ i4 `6 \
respect of which the claim is made or otherwise verify the reason for the claim; and$ \! U+ B$ J/ o' d7 J$ M7 Y. h) O
(b) an application for the refund, including such evidence in support of the application as may be9 Y W0 ~& R& j
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% z$ K3 O3 {- b6 I0 J/ I" ~8 P
prescribed information within
' p2 s$ Z c3 D/ ]8 u. G0 V(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) O' `" J! w* l. |/ W3 @or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* l+ ^2 f4 j* g/ x7 }; j% b(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
5 T" [9 H9 ]$ P- V9 w7 w9 c$ b. S: Pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 r6 C# v# `: D/ W# |7 a: I
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
1 R( p5 E A+ `6 bthis Act as if it were a re-determination under paragraph 59(1)(a) if! ^5 y4 U w, W. f
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied5 B6 `) x! u" l% l# h9 J1 }
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) p2 S* Q& W5 h% g1 Z& ` P5 X
eligible for preferential tariff treatment under a free trade agreement; or
3 @6 _) V% W5 X F% f7 d \(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: f ^3 Y9 s, u7 s5 P/ a' cbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
* [) {. l" k, K3 J2 Q7 a' t! U+ ~$ Y- Dincorrect.
+ |& X- u& p1 i6 h7 h(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),& e% m. m# ?2 X4 O
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground; W5 m6 P4 G/ @
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 s0 A% M0 b2 S: F# f" O' x5 Bwere a re-determination under this Act of origin, tariff classification or value for duty.
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