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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
& P9 H/ T @7 |0 C. a) ]% `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.pdf
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Refund Requests
' U# h5 d% h0 ~5 B74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who6 k0 |' i, i& T6 R7 v, w1 o# o
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part) b! B- v* V; b! a2 k
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 h I( E, e% J4 Y1 _% x(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) s& l+ X! w3 i9 s: A9 TCanada to the time of release;2 F3 W' ?- s8 k3 y7 O7 Z! [
(b) the quantity released is less than the quantity in respect of which duties were paid;9 {% K: x( l" `6 i; m6 z
(c) they are of a quality inferior to that in respect of which duties were paid;
E9 f7 p S2 k: V6 E. G6 p' n- Z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential |: B; |2 J# o& q; b4 L/ i- t
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
% t, f1 Q0 b# n. Tcase may be, was made in respect of those goods at the time they were accounted for under
2 N! Z: n; a! J2 Z" Isubsection 32(1), (3) or (5);
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0 F8 z! \0 E" K# |(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" I# p8 c+ E% R1 [' G# Vpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are, X6 P5 t3 t: Y
accounted for under subsection 32(1), (3) or (5);
& i5 B& T( g S: K(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: b, L \' O! z6 Y' @(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)- {$ Y! E/ U; E1 O! t
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 H' u3 ]/ E, E0 {, M7 Wvalue for duty in respect of the goods and the determination has not been the subject of a decision* k z; K) Q6 I1 k) B/ p! }) z
under any of sections 59 to 61;
6 ?1 ~( C$ N" ]. ]/ Y$ Y+ M(f) [not applicable to non-commercial goods];
7 p1 y. q; S; R, ? ?: y(g) the duties were overpaid or paid in error for any reason that may be prescribed.( A5 L9 n$ p6 D+ ?0 o2 G" [$ C
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
$ R& F0 d, ?/ {5 C2 s6 con tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of. ~6 t5 m; [" H- F& w' E
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).5 y0 }" a R' y( v' D F% j! Y7 y. @
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim' t3 e6 C" A: d2 V1 i# f# {
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 J( e% [+ _ P0 B. t% U; @9 R4 m
(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 B6 G2 H' K, c- _' X; M/ t( a(a) the person making the claim affords an officer reasonable opportunity to examine the goods in' C) z4 K$ j- m. g. E* s' {& z
respect of which the claim is made or otherwise verify the reason for the claim; and- t* e7 A2 p7 K' i. A( W
(b) an application for the refund, including such evidence in support of the application as may be
0 A" ]2 I8 B' S) Yprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
" Y" Z5 p0 w4 N0 P( Sprescribed information within8 p+ r# V* w( P; o; _$ Q
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
8 u( c$ R. B: \% [: t% L; n" vor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and, N0 e) q1 n$ S* i6 R% o4 r& o
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods) E2 c( c& b9 v+ D0 q c1 T
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 N) E7 r/ u# x$ C
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 I3 w' E& |9 [+ `3 E
this Act as if it were a re-determination under paragraph 59(1)(a) if
6 Y! X1 [! H* g8 _* _(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
S$ Z' I( D3 c3 s& Sbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( i0 |: _: S3 v% a0 E
eligible for preferential tariff treatment under a free trade agreement; or
" H6 T" }1 L$ C' f8 ^(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 O. ~2 z) W e! F
because the origin, tariff classification or value for duty of the goods as claimed in the application is
7 [+ e2 f) G$ X: J$ e, x8 xincorrect.
% O$ Z- R8 ]0 Y(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) w' Q5 F1 N6 ?# F+ Z3 \7 S" _: c(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground" T( [* Q" f) `1 V4 g1 p& q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
9 r( m' G0 w, c) ?; k3 }0 M: Pwere a re-determination under this Act of origin, tariff classification or value for duty.- S- R4 x4 q4 [2 ^# x/ e8 a& m
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