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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* t9 v3 o( t( C
上面说 非商业 进口 可以免关税?/ E# t3 E& H+ X, F) ^
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
# \( |( f! L# w H* @74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 p2 b8 S' @: D3 O1 r8 U; h
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 ~2 d ~& a7 r7 Z/ k6 o
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ f# W( r! W9 O/ l2 S(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
& x% D+ w1 r/ h2 O6 G1 w+ l8 jCanada to the time of release;
) G+ [, S6 K1 f/ R& u* i# X. h(b) the quantity released is less than the quantity in respect of which duties were paid;5 W* G; V! _$ a6 ?% }+ s
(c) they are of a quality inferior to that in respect of which duties were paid;
6 M* U( L6 u8 ^(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& {( z/ ~ L/ @% g/ U) ~, jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the* f' y& n) M3 h+ T0 n
case may be, was made in respect of those goods at the time they were accounted for under
4 u. C. E" F, c2 E- L* psubsection 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) @% B$ |- x5 u
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 K R# L' `- v, o! X8 B
accounted for under subsection 32(1), (3) or (5);2 M0 { k: p5 m) G# X" R7 j
(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 H$ u& Y X& [$ y. B1 R- E
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 F1 a' {# i# _% `& c5 X& S
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: [' y: L6 Y" h$ m, z1 C0 ]value for duty in respect of the goods and the determination has not been the subject of a decision+ i6 S2 N7 x# W* u# _) E2 C
under any of sections 59 to 61;( _, X9 }5 h! F2 e0 Y9 O
(f) [not applicable to non-commercial goods];
. N/ a/ z# q' }(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, y! r/ [' _ a+ q! A2 K(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! U- u8 p* c8 K0 P3 [) {4 son tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; h4 j' W$ m$ c: M! B; Y9 E
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 s/ O1 a- w' T. E S- r' o" U% B(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: @; S: p1 I& m( u- ^unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 d5 S# k1 u" M0 t(3) No refund shall be granted under subsection (1) in respect of a claim unless
/ E) X, D4 x/ {; j$ J(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ ]) u0 v |# Y( ^( r* k" d1 I
respect of which the claim is made or otherwise verify the reason for the claim; and- M, j* e# N3 |+ K) @0 P
(b) an application for the refund, including such evidence in support of the application as may be S* l) i* e3 N1 r, C. f& e0 Q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the) p; z! C4 |6 M4 J& `5 G7 Y: w
prescribed information within
3 a9 A v( ^0 S7 s5 N: C(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
; P$ A" c4 L( F- ^8 dor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) w0 Z! Z7 y( `8 l: E9 q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ i0 Y3 l" @! t" n, O' fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.1 {+ U7 l0 \8 f. j5 k
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" x3 t/ U7 d# }% y6 ethis Act as if it were a re-determination under paragraph 59(1)(a) if) `0 D' v' t, ~: n1 X* n I/ p
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; L0 @8 @2 J9 U0 i2 H2 Y4 e7 W' fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 [' s" o z: C5 |' [$ _eligible for preferential tariff treatment under a free trade agreement; or
2 s6 m. ~, o7 S0 r" d* w(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied( z1 R, W& P. ?; s, m1 a, i3 q, t; k
because the origin, tariff classification or value for duty of the goods as claimed in the application is- R f, _0 g- O$ p _$ |3 l
incorrect.
3 l X) |+ L) T/ ^- W(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),* a, M/ M t8 s5 A6 L
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
5 D# u) Y- |" X( N# Gother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ h, E. O7 W' q9 C0 \' ~! Z twere a re-determination under this Act of origin, tariff classification or value for duty.
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