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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
: ?$ q! Y* Z* _: [* k上面说 非商业 进口 可以免关税?
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- E9 @2 h2 O- ~2 Phttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf U6 _3 q7 N( p
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- H. ^9 S1 N+ {$ |Refund Requests
1 _' j8 ~+ b c) |# `! B1 \74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who {5 K3 V6 ^1 ~5 ?0 i8 r( h
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" c! b8 i8 `$ X- N+ b, sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
9 _6 H8 O. a+ e% X, ^" P P(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to5 {. D: ^! a9 \/ U. D* E1 ]( k( m
Canada to the time of release;
. f" y4 H* m1 K" E( ]: k- M' ~- e(b) the quantity released is less than the quantity in respect of which duties were paid;0 G# S: M; L2 M: i# \3 z; T9 A8 ]+ ^
(c) they are of a quality inferior to that in respect of which duties were paid;9 a/ B! R; M7 i5 c) G
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential. H2 g) ?0 N3 @, b' P- V2 Z
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 U, l# {1 [* f: ~6 v% n# ~case may be, was made in respect of those goods at the time they were accounted for under+ n4 J6 z3 n4 G+ ^9 K6 Q& q+ E
subsection 32(1), (3) or (5);4 o. K4 w, u2 l& `2 R
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
! G& c) d4 N2 _" [preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
- @4 J9 N- ?$ l7 [: V. Qaccounted for under subsection 32(1), (3) or (5);
- x. F9 h5 w0 `: i/ D(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 n' j! ~2 p) H$ @& f
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
5 Z5 M6 z6 ]3 q# T* o. u$ f, |of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, H% j+ S, B; N* k; a E" S9 v
value for duty in respect of the goods and the determination has not been the subject of a decision" N+ Z) `8 E/ j9 c) C% H" {! P
under any of sections 59 to 61;
% k7 u: i3 ^* I! n0 }(f) [not applicable to non-commercial goods];6 ]( C/ r/ s; i" R
(g) the duties were overpaid or paid in error for any reason that may be prescribed./ M. L7 @3 q7 X# B
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 g, x1 V. C& P; jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
. r( c- n5 F' @7 Hthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a). c8 Q# Z% c+ q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim2 s2 ?3 F% O, t# u- T; b! j
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.$ g, ?* [( j; j/ S$ f
(3) No refund shall be granted under subsection (1) in respect of a claim unless6 N1 Z7 \ i) U0 L1 A
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; J% p4 P" Z1 t, a$ `) O, g
respect of which the claim is made or otherwise verify the reason for the claim; and: ?7 t2 z) C% [! i
(b) an application for the refund, including such evidence in support of the application as may be
2 J4 l) R4 b* I! Tprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% h9 I7 h% }$ Y$ A7 k/ Q2 c
prescribed information within5 w; {9 j" A4 L7 M, j2 x
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)- `: Q' u6 p Q5 s9 f* @# `/ ~
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: C# X# K9 h) V
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
1 w2 M; ^4 X% {, z3 n( xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
' o! S% R0 u! |2 ^$ \. a: \(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
% C( G7 A, k6 X, s' ~ n* h3 Wthis Act as if it were a re-determination under paragraph 59(1)(a) if0 J- F) j$ \0 ?
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 d: t; G3 T; h
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not2 d/ N# e! S' G. s8 j
eligible for preferential tariff treatment under a free trade agreement; or
' ^( w4 ~2 ? G, |- T/ @(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 S8 K5 `+ m' y
because the origin, tariff classification or value for duty of the goods as claimed in the application is
$ ~0 b6 ~8 D3 h3 g6 k" A S5 gincorrect.
. G$ s. c! {6 w6 I+ X(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' F, _. \1 _/ `0 A. N8 N) O5 j* [(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 c; C! D* R! Hother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it6 K2 m3 |! q/ m: k/ j
were a re-determination under this Act of origin, tariff classification or value for duty.
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* H7 g! p( r5 q# M/ Y9 j4 U这到底是说可以还是不可以啊? |
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