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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
2 q. l9 q" z ~- Y1 z5 n" O/ }上面说 非商业 进口 可以免关税?7 N2 t" r3 | h) O: e1 `, Z: z2 H$ a
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf" M8 e. [+ E, B- @
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O0 ^' C! B( ^0 p/ fRefund Requests
5 p, Q: u& H! y+ H74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: g1 r: L+ w* Apaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 K5 k( U! I- Hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if+ n5 `9 ^$ q* c0 K- l3 F
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
+ A% a2 U* m z; x7 y7 lCanada to the time of release;
8 C, ~3 ?- f T7 k/ t ]. s- M(b) the quantity released is less than the quantity in respect of which duties were paid;
" y; ?4 a/ Y; |(c) they are of a quality inferior to that in respect of which duties were paid;& f; H- _5 O6 O8 L: ?; ?
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 \3 h: j8 h% r1 C7 o( D
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
' W2 W( O+ ^# N+ W; g" Z: q- pcase may be, was made in respect of those goods at the time they were accounted for under
* h' t9 Q+ u! csubsection 32(1), (3) or (5);! {5 x8 l; Y! V& W
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for: r! S. d% {0 X4 c* \
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are# ~2 z; L' M4 c8 t. Q7 C- Z+ U
accounted for under subsection 32(1), (3) or (5);
# l3 ]2 o& O" u: L+ m& O(d) the calculation of duties owing was based on a clerical, typographical or similar error; \% x# m$ p! i j
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
Z/ i: n/ N7 Uof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
" Z3 ^3 p j, T1 v+ a9 Z3 y# Rvalue for duty in respect of the goods and the determination has not been the subject of a decision4 t- A/ I$ o: d* x
under any of sections 59 to 61;7 R/ u: ?2 {4 t2 C, p
(f) [not applicable to non-commercial goods];5 U) X9 N. Z! E
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
+ I$ _) {6 u. V# D: G! A1 X(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
3 Z1 m$ ?3 @. l/ g2 G" c9 N) X7 qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
) H H2 n% r$ r$ dthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).1 F U. {( l. S3 X
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim1 F- t: m. j; S1 T H
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
. S6 ]8 }; f( K6 T I9 c(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 }" m) H3 m% y2 y9 Q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
% e, i* B1 z, H0 f/ W, k1 [; z3 orespect of which the claim is made or otherwise verify the reason for the claim; and
j* P5 N- ^4 |$ K U(b) an application for the refund, including such evidence in support of the application as may be+ x& G3 E& L: @3 R% t
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the! a& ]: A' H' s9 E
prescribed information within
9 Z9 ^/ ^& w. L: c! g(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
. Z0 D4 R* `7 K8 v/ |or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and- z/ z2 w3 w! M/ [) I( o
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 ?* G+ M) }6 @8 ]: j/ R* ^) [were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
7 V! \: S3 W5 \1 U, f0 M, G; \(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 ~* P* r- n% p/ Mthis Act as if it were a re-determination under paragraph 59(1)(a) if* g/ j8 |( M" K& m+ k
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 c6 b" C+ A: ]) J' ~4 ubecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
" T9 H% y7 s% W$ Aeligible for preferential tariff treatment under a free trade agreement; or I! d& s" W! w1 ?: i
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied* Z+ M3 Y& p, [
because the origin, tariff classification or value for duty of the goods as claimed in the application is* z8 ?* ]* T/ J4 b; `( E$ Y9 b
incorrect.
1 Q: X: ?* v6 t! m4 c) T2 Q) \(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
6 l" [$ v% L0 _* ~, r: O+ _(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 K/ U- v0 {! `% |other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it; [! E' D7 R; O! l+ `
were a re-determination under this Act of origin, tariff classification or value for duty. }# [) _/ v/ \
$ N7 f9 I3 P7 b6 a# ]7 P6 ^这到底是说可以还是不可以啊? |
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