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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* O, ]* _0 c& Q' Y4 N( i
上面说 非商业 进口 可以免关税?; q( N- a0 Y% q8 O7 q$ r
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests1 P( K, V9 T- j* ]
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# V1 Z* ]/ q% |( }, Q9 {; w
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ t& j6 \$ h% vof those duties, and the Minister may grant to that person a refund of all or part of those duties, if0 |/ ]0 L+ u" P& e4 P! K' L
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to8 _ M5 A7 v- l9 E* v2 t
Canada to the time of release;
/ k3 Q1 ^- u; m" J+ x, e/ R9 W4 q(b) the quantity released is less than the quantity in respect of which duties were paid;0 p+ [7 }- r8 Q! D
(c) they are of a quality inferior to that in respect of which duties were paid;* b+ G+ Q2 }4 J) B
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ g" j8 A4 Q3 N/ r5 W: T2 |1 Utariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the5 L* O+ j2 B6 t3 G# f" i( ^3 O
case may be, was made in respect of those goods at the time they were accounted for under: d/ B1 G# ~+ ~! x( @4 K
subsection 32(1), (3) or (5);
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4 H; M+ o; W3 P$ ]/ W(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for/ R+ ]* c$ h5 m( d( c
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 i, F" r4 O O( t6 Y4 faccounted for under subsection 32(1), (3) or (5);' ~; |) |/ M/ p4 H% i9 m! m
(d) the calculation of duties owing was based on a clerical, typographical or similar error;. N) a# ^2 c' ^
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)5 r6 A# @$ r) V" j. ~$ x8 d& X
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or0 B5 k: `3 n# _
value for duty in respect of the goods and the determination has not been the subject of a decision$ N$ Y9 i' u0 W; {
under any of sections 59 to 61;
% x6 ]8 C8 f! ~- G- S(f) [not applicable to non-commercial goods];: z* k$ E! o" V4 h+ X
(g) the duties were overpaid or paid in error for any reason that may be prescribed.! Q( Z' \& t0 E% s( t# Z) @
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# m+ B% Y- D7 f: w9 l
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 C* m1 P# B: i' A. @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
, g* a, I% Z4 i(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
% @( o2 C& T. wunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
5 Z: O$ _8 E9 j" c; x(3) No refund shall be granted under subsection (1) in respect of a claim unless
9 a/ r2 k/ t+ j2 `9 t/ ^(a) the person making the claim affords an officer reasonable opportunity to examine the goods in& Y" m1 ?. V, t h2 A- U9 N3 |
respect of which the claim is made or otherwise verify the reason for the claim; and: R w$ N; E3 N$ R0 f- m" W2 ]
(b) an application for the refund, including such evidence in support of the application as may be* `) z3 P( y3 x8 c5 i4 K- R- S" @, D
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
I) j I) c: ~+ R8 i$ Aprescribed information within2 A9 u- I9 b! L: y+ ]/ y
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ x9 `) u4 V& Y! F- Y$ `2 Sor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
+ i/ ^# {* h- |) _, y t(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
: x0 S+ I: r, E' M- @were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.4 J# ^! l" J5 n: A
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 a, M& I* u1 Z4 N
this Act as if it were a re-determination under paragraph 59(1)(a) if1 ?% h/ @5 j. R" ?
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
/ e/ f+ `5 D6 ~* Q: Nbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ A' p0 X6 J6 C" b6 [3 C) B9 s+ `
eligible for preferential tariff treatment under a free trade agreement; or
9 v# `$ z# E% L. w+ [0 P7 s& U(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ }$ E7 k% D, J5 b1 ]because the origin, tariff classification or value for duty of the goods as claimed in the application is7 A n6 O- x/ \% i: P! w% m3 J
incorrect.( f; ^. x, \1 C
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),6 ^% k8 a$ P d8 r( _
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground, @. S9 A" z! S0 A0 R
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
5 o% H& [. i9 {! Q4 i3 A! Wwere a re-determination under this Act of origin, tariff classification or value for duty.6 u- N6 _: U) R' O4 z, R) k7 C# t
2 @- ]1 c' a p% P& P* R1 t这到底是说可以还是不可以啊? |
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