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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
0 r' r6 a) `: T5 ]上面说 非商业 进口 可以免关税?/ o. j4 G& u8 @1 d; Y# J
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf! C( ]2 n) F6 h; E- c$ ^
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# |# j2 e, e4 F9 N. S9 \% V+ ~2 ?Refund Requests
' j( q% C3 E9 a: {+ q74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: \8 m1 W3 x, O' p! Lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
3 f/ v$ v' R) y( v( @of those duties, and the Minister may grant to that person a refund of all or part of those duties, if+ ~4 f: X4 D+ l& C
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
& o- h$ |; t/ Y# `- v2 [1 vCanada to the time of release;
' i1 ^( g; G7 G2 j; d1 P(b) the quantity released is less than the quantity in respect of which duties were paid;' b, t5 H2 W0 k7 K W; v
(c) they are of a quality inferior to that in respect of which duties were paid;
& ^% N7 G& y- Q J$ @) j3 c6 q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
; E# v( m& R) R+ G" `* s+ x4 Ctariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( X* F6 K3 \/ H6 l4 d4 vcase may be, was made in respect of those goods at the time they were accounted for under2 r: `6 h2 D V. X& a. I* _
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 for/ \$ |) P4 x4 V( q# G! ^$ u! M
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are Y! P$ g/ Y, {) V* A- N
accounted for under subsection 32(1), (3) or (5);5 |) S( B7 k1 }+ B4 E k
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 Q) E+ l1 V- n/ S(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: P7 L- U0 H4 y2 m" ~of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: e. }: N( [* w" g/ Kvalue for duty in respect of the goods and the determination has not been the subject of a decision1 z$ V9 k$ b/ }5 t
under any of sections 59 to 61;
8 a3 V" v$ ]" V% N0 a9 h(f) [not applicable to non-commercial goods];2 ^+ k% ^+ R$ W; E
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; @% e/ N+ r& x; O+ S(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
% o, D7 B2 e$ C' Ron tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
_ E: X3 Y3 m1 d. E$ Mthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ M$ _/ ` a0 r" ?0 v
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
" V1 ~3 {, ]* C. u6 _unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
, p6 h+ k5 ? A S(3) No refund shall be granted under subsection (1) in respect of a claim unless
1 F6 y* h- N$ \; p* Y; N+ y(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
+ T7 k6 C. |1 d) S Y6 s8 mrespect of which the claim is made or otherwise verify the reason for the claim; and( p: y; k8 C6 ?. ?) B: k6 C
(b) an application for the refund, including such evidence in support of the application as may be6 @7 ?6 m' ^9 y3 v- N
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the0 b' e: R U3 p/ ?
prescribed information within
+ n d* y: l1 b- S ]1 J(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)# r+ `, U" W% l. P9 i) e8 i
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and, K8 c+ q% Y' Z9 I! q( ^
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
5 h/ Z5 S% x3 I8 cwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
?6 n% V9 J4 f(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 s6 [! E/ p; F9 T
this Act as if it were a re-determination under paragraph 59(1)(a) if
; k# X t' H3 H(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
) E: S6 k9 e6 w1 A2 @0 D. y5 Fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
, m. u& X1 g/ Leligible for preferential tariff treatment under a free trade agreement; or
/ {7 B8 j/ M+ ]! C; R! i r* R(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! N& c3 K# R2 Y5 N [2 Mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
, x" c$ X/ d$ ]* c9 Q; v1 iincorrect. _7 i6 A+ v s; }( ]2 o( g
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),2 f7 L/ e( z: R6 _2 i3 C. y4 h
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' H) w) K( A0 b7 h kother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ {, A( }$ U# F- Vwere a re-determination under this Act of origin, tariff classification or value for duty.0 p9 s% L7 s, Q8 p
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这到底是说可以还是不可以啊? |
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