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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
" C$ E" i5 k/ I L/ Y% w M0 y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.pdf2 G( h' F: k) S
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Refund Requests; z) _5 n( i7 D7 U5 Y8 L$ Q
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
( X$ l: D5 g# k9 Upaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part7 [1 B/ b# @1 K8 _( I" ?& H7 Q7 g
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 r% Q( h5 [+ |5 V. u N, p; W2 m0 w(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
+ y9 u0 j) q4 P9 u8 qCanada to the time of release;
6 n% ~+ R$ w8 ]' y(b) the quantity released is less than the quantity in respect of which duties were paid;
' D/ [5 y; i8 J8 {- u7 ^(c) they are of a quality inferior to that in respect of which duties were paid; m: ]4 {, W2 l5 H% j9 b, y
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 }" }* E' E& E3 f7 ?% U+ h
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; m6 t0 F9 _. H5 O
case may be, was made in respect of those goods at the time they were accounted for under
9 y! x+ ^+ R5 Isubsection 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( P8 Q. Y2 x, c9 @+ y
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 s' n) o, W6 S7 r- y9 G' c0 l
accounted for under subsection 32(1), (3) or (5);
f8 r$ C2 u3 N# s! S' V2 |(d) the calculation of duties owing was based on a clerical, typographical or similar error;
# m# d& j% R; T4 }9 L& i$ J- N* m(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) _( v+ Q+ Q' S8 t7 [/ h
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
( d$ n2 v* a6 J8 U xvalue for duty in respect of the goods and the determination has not been the subject of a decision
) m9 m+ h( u* m4 ~; Tunder any of sections 59 to 61;6 m4 [& B) P3 o
(f) [not applicable to non-commercial goods];& w, A$ k l j' Y
(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 |: B1 v( c/ l' u+ |: x' x' z- o
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
: Y! V$ f: F$ d. `, |9 Gon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ g% R+ l t- g. O* ]6 d1 [* O- }
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
5 |$ x4 Q# F0 l8 S! @- c(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim% G1 t8 U) _4 N) E# a# m
unless written notice of the claim and the reason for it is given to an officer within the prescribed time., A, Q1 W% q5 y: i, d
(3) No refund shall be granted under subsection (1) in respect of a claim unless* L$ t9 \8 w9 z; A4 }6 X4 T7 d
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
6 @7 |( r0 Y! c' mrespect of which the claim is made or otherwise verify the reason for the claim; and' P- P! D1 ], H
(b) an application for the refund, including such evidence in support of the application as may be
6 K* E" |/ a/ V7 rprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& f6 ?9 Q0 W. Q" V; {7 X
prescribed information within# C' u$ B' `; o) s+ ^3 ?4 s5 C
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
& T+ {2 V- l6 M$ G0 P8 M, Hor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
6 W* w: w9 R% f& h6 Z$ s: a(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ [7 q1 p0 c9 p; h6 C% ]8 l8 ?
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
0 v$ z8 u0 w. F. M- B! b(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of6 _/ U: |: x1 k6 f; N. J/ a
this Act as if it were a re-determination under paragraph 59(1)(a) if% R% d8 \& |8 @/ u" }1 c
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied9 G# H. z6 p" a2 U4 b4 Z1 K6 n
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not2 N0 x* b" _9 o
eligible for preferential tariff treatment under a free trade agreement; or
- [; f1 k8 E1 i Y' h% @ A7 W(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied( V! X: n* L3 m& _/ l8 M1 e
because the origin, tariff classification or value for duty of the goods as claimed in the application is
8 ?' A: z$ y+ F9 ^& |$ sincorrect.2 ?+ o$ k/ Q' E
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),6 F* _ Y. W: H
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
) k6 l! u$ y$ C5 J/ I7 |9 P+ pother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
( {# Z8 V; A8 V! N& o2 e, Qwere a re-determination under this Act of origin, tariff classification or value for duty.7 u. t4 E1 r+ k
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