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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
/ [' @& N, t; `上面说 非商业 进口 可以免关税?, S4 V* K* F" e8 [+ R8 Y
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
/ G. R7 F- h4 W5 g* }% x _. G74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
' T% F/ ^+ u/ E( U2 ~paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part- j# [3 T2 L, k$ Z. Y* p' `% C
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
6 Y8 N/ q( g4 h' w* [(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 J: h3 x E6 m0 V9 tCanada to the time of release;- }! y1 U$ k7 |. @ C4 ?6 x
(b) the quantity released is less than the quantity in respect of which duties were paid;, }7 A) Q0 M" R5 s3 _, i
(c) they are of a quality inferior to that in respect of which duties were paid;
0 @2 ~* u' }% f e(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* v* {2 q8 ]; Q- f; ~0 r3 \: {3 v- xtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the3 \+ F: T& V& U! F
case may be, was made in respect of those goods at the time they were accounted for under
; h! W! j! e" g4 i! ?5 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 for8 u* v+ \6 j4 b& T) ~+ S9 A) k- @
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are8 {3 ?5 A% n; w4 Z
accounted for under subsection 32(1), (3) or (5);
1 R& O8 g2 l& ^$ @; y(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 ~9 l( G8 h+ Q! ^) s) Y$ \(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
5 [* L5 N _5 {% N' V& g6 D4 c+ lof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or; X- R& C+ i3 c) w$ w- W
value for duty in respect of the goods and the determination has not been the subject of a decision+ Y `0 n2 i- i3 \7 o
under any of sections 59 to 61;' i0 y5 U) G0 h+ u8 b( }$ f2 |
(f) [not applicable to non-commercial goods];% P: d. Z* w) G& X4 e
(g) the duties were overpaid or paid in error for any reason that may be prescribed.6 I+ Z1 ^) k! M5 [0 n
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: q- n# C/ f; `, B
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of$ W g& L: ^, k: i8 L
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
7 g. D1 P/ X2 }; y5 d$ g(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
% y }( R( p' d7 k; Bunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 [& g. {3 o2 ]2 F% O' H(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 r& n D( E+ a( @, t(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& M; P8 q* ?; R; I9 d. M% w; ^respect of which the claim is made or otherwise verify the reason for the claim; and
! b7 Q, {& F* v- ?" k" p(b) an application for the refund, including such evidence in support of the application as may be
0 h( ^: n* Y: F7 Eprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
! J% S4 L. @1 M% @6 Oprescribed information within* k2 z) z& s6 ?! @. B5 i) s5 h
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, M8 W4 ^! i- M0 jor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and# Z0 [% Z8 `4 B5 D
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 p# p- b4 }6 g
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
! e8 }5 c9 k7 ?6 o5 @1 w* Y(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of$ Z2 f& y# T, b6 T8 h
this Act as if it were a re-determination under paragraph 59(1)(a) if; d' j- @: L, h/ A% u9 O6 [( m/ k; d7 V
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ i! q; r8 d' @% Y7 qbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not0 K( z W, M& E( K8 Q
eligible for preferential tariff treatment under a free trade agreement; or% d7 |7 V% H5 m# A
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: }; z3 [6 v W2 b4 Mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
' T2 G) [! w! v! r, g0 kincorrect.
0 Z3 Z0 Y' @- Q5 Y! D9 V(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),# {, V$ `0 M# X) @ Z0 q
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' x1 N5 `3 i( d. a
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it8 h3 E; X7 y, {' b2 c
were a re-determination under this Act of origin, tariff classification or value for duty.
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Q9 j, ]6 E2 ?; E i, [% B1 K( A% W这到底是说可以还是不可以啊? |
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