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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
) Z+ T" g8 g+ S! i3 j上面说 非商业 进口 可以免关税?
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) d& q! ~$ `% s% A: q& n1 q0 nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf9 B6 ^0 W- T5 H
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Refund Requests
) T' G. a' x9 S74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
' ]: y$ c. r" `- A& X2 o6 K0 Epaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# H% Y% c; ] W5 e
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 k2 C# t- R: S# r- B2 y(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
# U0 r4 B- U6 X8 Q! {Canada to the time of release;; O) k5 b+ g. k' q0 l6 `: N2 Q
(b) the quantity released is less than the quantity in respect of which duties were paid;/ N/ s6 Q5 A7 P0 ?
(c) they are of a quality inferior to that in respect of which duties were paid;
$ y/ |" O6 V4 O% Y) N" Z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 B6 Z# o/ K& \. y: Y1 Atariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* a4 P( l; a7 V3 g( T' vcase may be, was made in respect of those goods at the time they were accounted for under$ z6 r7 D3 G- a$ ^: h8 c% ]1 p+ w
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for6 ^4 S# e4 [2 v+ s' B- y- F
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are% s9 j2 U% y( g S
accounted for under subsection 32(1), (3) or (5);, V8 L! h5 f2 u% d" q# v
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
; d% J: M3 b* o/ z% B& f& @(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)( I$ f; `: O6 W6 b' D6 w1 z" T6 Q
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 v, Z' C% @$ K N% Fvalue for duty in respect of the goods and the determination has not been the subject of a decision5 ^+ d! j0 E: ]
under any of sections 59 to 61;( j, s$ \2 B! `6 V
(f) [not applicable to non-commercial goods];! d) G4 ]( a7 k
(g) the duties were overpaid or paid in error for any reason that may be prescribed.+ u7 O p* O4 [& v6 L( F
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
4 K. f: j7 |, g- g' a) ~) _8 [) Ion tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 E! O5 }1 J* I, N7 ~$ C3 r: |, m1 Tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. o. t+ G7 \( h2 |! f4 W: C8 B" |
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; K. b; b/ e( U: c# t7 a- \
unless written notice of the claim and the reason for it is given to an officer within the prescribed time." M7 y7 A! J! n
(3) No refund shall be granted under subsection (1) in respect of a claim unless" A _2 l0 |- R1 j% X; W% o
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
8 u1 R( @# D& a6 n! Srespect of which the claim is made or otherwise verify the reason for the claim; and- n5 s2 P/ [0 o8 \
(b) an application for the refund, including such evidence in support of the application as may be
1 v4 G z7 U- v6 s5 iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ p+ V- j; Q( [& L; V% G, Qprescribed information within% [) b& I# N }6 ~
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( h& p, k: i& ~1 _& Eor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and Q- l$ f3 }" l9 d Y
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; a: v: U3 s7 q8 j$ X' ewere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* g/ h" t5 j8 D* W3 i. f4 [(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" n# q6 s B7 h/ o* P1 nthis Act as if it were a re-determination under paragraph 59(1)(a) if9 [8 |$ o6 z' z$ |
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ v8 l% M7 e; P- |# O$ ?because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& B' T' [# {' Y; J# Q; u
eligible for preferential tariff treatment under a free trade agreement; or
1 }! D: [2 u9 n0 o1 I' t(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
* g) \, V. d6 n& [) _# qbecause the origin, tariff classification or value for duty of the goods as claimed in the application is7 Z* A+ t. F. b$ a' q
incorrect.1 B/ ^, y8 H4 g4 k$ P: X9 |
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
* X0 Z* `6 A. C% U" ?; P(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground; o+ O0 D1 c# c5 N% h
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
h1 l- f$ p' U4 n# y2 s' ^6 fwere a re-determination under this Act of origin, tariff classification or value for duty.
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4 R2 o$ J, v- Z这到底是说可以还是不可以啊? |
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