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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
) W& z8 O( Z7 b/ Y2 z% r% B$ L上面说 非商业 进口 可以免关税?' R, a8 n7 y5 s! S
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$ ]& J# L7 N; |2 x( |http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, F, s# E" _$ t1 J, P
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8 t& e" @4 D4 w, {Refund Requests/ _# d+ z) H% F! R8 ~& B
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
( E. [. _( i% Cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 G3 l6 O9 ^& I$ c8 h$ }of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
# u7 i& q4 A0 b: `& b" K5 |% e$ `(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to9 g) @, `$ h2 E/ K: Q
Canada to the time of release;
- T/ U& G/ C$ Z5 e2 Z" I/ c(b) the quantity released is less than the quantity in respect of which duties were paid;
/ _7 K: G# O5 N4 B(c) they are of a quality inferior to that in respect of which duties were paid;
7 S* q' Y' U5 X& v* Y v* \(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
; o* _2 `% \# P% f# [1 d' ?4 ztariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the. B; A1 f5 K! `2 C- S9 c( Z
case may be, was made in respect of those goods at the time they were accounted for under0 k" n7 g0 o4 [5 U0 K" h
subsection 32(1), (3) or (5);3 P1 J* ?% Q0 U. E, }1 p2 R
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for) S h6 _# U U7 s
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 e. w) b! O, Z
accounted for under subsection 32(1), (3) or (5);- K" v0 v. I. Q/ J `4 R
(d) the calculation of duties owing was based on a clerical, typographical or similar error;' k( ~" C- J* n
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 q/ ^! K' z: V7 dof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: T/ ~1 A7 |, `: ?7 ?% Rvalue for duty in respect of the goods and the determination has not been the subject of a decision$ G4 u. e- ~& t# r# q, d
under any of sections 59 to 61;
+ C, a. c1 J s+ {, @0 |! v(f) [not applicable to non-commercial goods];5 U3 a6 x/ r+ K5 v
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
. Z$ N" h! O; f4 C. @% r(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
8 G8 l" l+ n4 ? aon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of6 } O; M( [) o+ k1 w
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; i% e( a1 j2 J) P
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim5 m+ E6 [& x) V) O$ T7 o6 w
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
! b8 w6 b6 `+ p2 m, S(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 K: w, _ [1 b2 F4 h+ U% w2 V(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
" u- \* v% f$ krespect of which the claim is made or otherwise verify the reason for the claim; and
! r* k! D2 L3 k. {(b) an application for the refund, including such evidence in support of the application as may be
( o0 L; p3 h3 f$ m: L' R0 w) `" dprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: V5 c: N! w% D7 ]& uprescribed information within
) E1 o* v& W+ y& i(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)& b7 m6 [- \0 j8 R& F
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 v. \* a) p6 ~! l2 e
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods- u1 D8 n' C# Q; S [4 ?8 K
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* ~7 \- B( q) y- S$ F& D+ T% ](4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" \$ c' H3 i" k# m; D N4 x
this Act as if it were a re-determination under paragraph 59(1)(a) if0 y& G: G: h. U. M
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
) c7 S$ [) m1 x, Q3 [, _% {because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not2 M# }( p& R2 Q m* J
eligible for preferential tariff treatment under a free trade agreement; or
6 M& b m- I- ^8 s3 A$ X(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied/ X* g! e' o) }# @9 I, @5 M4 N
because the origin, tariff classification or value for duty of the goods as claimed in the application is8 ]' c8 @# X x+ K* \! c) ^0 @
incorrect.
6 `$ X R" l" V+ O: }(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),- g% l- a0 }6 U' x
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 O* l. U6 Q( Z( eother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 H- |/ M9 E6 u. vwere a re-determination under this Act of origin, tariff classification or value for duty.
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: v) H s3 N. [2 x& G这到底是说可以还是不可以啊? |
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