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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 ?: s3 S+ s' B: M! Q& [上面说 非商业 进口 可以免关税?+ X+ g: I: O% p( Z
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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$ }6 x6 C# h+ i: Q. NRefund Requests N( w% e* T4 s ?
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who1 O4 X8 |2 T5 U4 r2 i1 b
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ w; s' X+ o# o1 Aof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" d& G$ D+ m+ b3 E) H4 S(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to- b/ f# k2 k( ?# q' o: Q% ?
Canada to the time of release;9 u" O9 Z# m. {: y. Z2 ^; d
(b) the quantity released is less than the quantity in respect of which duties were paid;4 Q- Z# Y- g- C
(c) they are of a quality inferior to that in respect of which duties were paid;
5 k4 k. Q1 C% ~. Q! w& d(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ P" s- B* d9 N5 }tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 B+ P+ l: }$ T7 k& r+ Pcase may be, was made in respect of those goods at the time they were accounted for under
; j5 W) W1 a3 Z/ x$ e9 L& {subsection 32(1), (3) or (5);: {$ s2 Q0 q' V7 j! V2 _9 r7 i- Z! e
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" ]7 n6 u% P! Y7 e0 d(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for9 D' K, \7 I( `" z3 ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ ]3 F1 t! Z9 ?# iaccounted for under subsection 32(1), (3) or (5);' a, s+ i, d8 k" D2 O4 N# p
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
4 h+ H4 ?0 r: B w$ V(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)+ ?0 m& I: B" y
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or( G* O7 I2 w- |
value for duty in respect of the goods and the determination has not been the subject of a decision* Q( _# @+ O9 G) P
under any of sections 59 to 61;
9 {9 y9 L, Q+ k. a(f) [not applicable to non-commercial goods];3 j7 `3 w+ z* u; Q+ ]
(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 ~& p; ?* H- B0 v2 B. L
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 T9 m5 `8 ^4 L$ W: ron tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
& S7 ]: v/ d# _0 Y9 t7 U% xthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)." {1 s. ~, Y* T8 o- Y+ m
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 Q& V. ]" G: }& v& o; y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time." e) t9 @ T& h! I" O& H0 M6 M( X x) d
(3) No refund shall be granted under subsection (1) in respect of a claim unless/ b7 u9 n% P* c4 g1 z! v# P
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 f* @( a0 T9 S8 G, ]
respect of which the claim is made or otherwise verify the reason for the claim; and
1 V% r4 N% k3 [" |# O- r(b) an application for the refund, including such evidence in support of the application as may be
; `$ [$ `1 d$ P3 ]4 \0 hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 B& G5 O6 [2 G; o
prescribed information within% v; _8 b5 F1 [$ H
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
" S" F ~( A0 \; H! ]% z& `/ qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 W% @' D( @* I1 H& e(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods R8 r9 p: k* y/ n; U E! R* N! }
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. a/ b, n( A- r. q* s) f+ b(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 q+ v" {% i9 D# u7 p. ]& q- _% t
this Act as if it were a re-determination under paragraph 59(1)(a) if
4 y4 p! i% }* F: U(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 M) N. P% [9 v' X. zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& B5 d( E- y$ u: J
eligible for preferential tariff treatment under a free trade agreement; or7 c' R, p* C- D2 ]" ]
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. r5 _3 S% v$ g" l% o) I# a
because the origin, tariff classification or value for duty of the goods as claimed in the application is
{/ x1 F7 Y6 A+ O& {4 _7 rincorrect.
& b T. v9 ?1 A! r; q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
1 h: ]. Z" V5 v: k(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
/ L- T6 Z7 W. f7 Z% l* n: r- sother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
; J6 @1 P! f+ {- J6 v, B$ twere a re-determination under this Act of origin, tariff classification or value for duty." J0 ?9 [8 J4 x/ ?5 ]0 Z. Q; Y
\8 c1 i0 Z w6 q( c7 p这到底是说可以还是不可以啊? |
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