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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
; o9 o/ Y+ W( f4 z3 i上面说 非商业 进口 可以免关税?7 ?4 H7 B- q8 x1 l1 J
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" K- O7 \: u0 G) shttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf' N+ c# n0 i" ^
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Refund Requests
0 z4 K1 Z; D3 D; j74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 R6 x$ s! q6 c$ c1 i# ~: R& ^
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part2 I- `7 q2 Z$ e# [
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if! M& W" l# d( W2 ^$ l4 x
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to) c8 _( q' j2 ?9 m7 ^* _: P: E
Canada to the time of release;
8 m' r5 E+ `" b7 p0 s: Q5 i; ~(b) the quantity released is less than the quantity in respect of which duties were paid;% o) l' m5 {7 n6 a; E& Z; H
(c) they are of a quality inferior to that in respect of which duties were paid;: F3 ~. V" T9 y0 c' e3 F5 {/ s
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# \2 E1 h) h5 A! N/ J; |
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
$ O& ~/ A+ t/ Z, {case may be, was made in respect of those goods at the time they were accounted for under/ t% o k5 I$ P' Z. E& V
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
8 a4 E& k9 H( H: ~7 e: ?4 Ypreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
5 U9 [; J4 T# d3 naccounted for under subsection 32(1), (3) or (5);, x8 k) @7 o# n' u7 k' j0 Z
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
' r8 z6 e- T5 X/ {& ~ }(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)& d9 \8 u! @& o* z& c
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
/ S9 i" L5 k( x0 u" Q. x4 fvalue for duty in respect of the goods and the determination has not been the subject of a decision/ A5 K1 i. t( [3 {
under any of sections 59 to 61;
( F3 f% e d0 ]0 R" V(f) [not applicable to non-commercial goods];
2 N d+ C1 y; W0 s(g) the duties were overpaid or paid in error for any reason that may be prescribed.
. K0 b8 f+ X' L+ F(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based6 s! v: U" m* f
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ G+ \; I2 A& U3 Pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; u/ Y3 B! G& P$ a. p(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. }# t. ?+ d; Z3 ^4 Junless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) r. C; g- ?; w; W: R4 J(3) No refund shall be granted under subsection (1) in respect of a claim unless
9 ]( ?8 I0 I" {+ A6 w+ G(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
5 b2 z+ ?+ I* Crespect of which the claim is made or otherwise verify the reason for the claim; and
* a" s/ }' Z% V" ]7 O% v* |(b) an application for the refund, including such evidence in support of the application as may be
/ F' `1 [7 `; ~% K3 W0 hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 [0 V- N8 Y0 d/ G- q0 m. q' Jprescribed information within
/ |: h; o, S+ n* z& @(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% o' b- S, W! k7 R# m/ ?; \
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 R6 M/ h) l q; C(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 Z+ ]/ x8 I% D9 n
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed. a5 x/ B0 D* h8 x) D2 m
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of- M4 N' s5 i1 O. f7 e1 x; A
this Act as if it were a re-determination under paragraph 59(1)(a) if; k& C" R3 L8 g9 f$ _' l! M& U
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ c. K9 M1 B, e9 ?5 Z y6 g! f
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
; B4 _2 t5 Q2 X3 a8 Ueligible for preferential tariff treatment under a free trade agreement; or4 ]" L, c+ F9 s/ ^9 B
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: a# i6 }2 W2 b+ [' q0 V: V
because the origin, tariff classification or value for duty of the goods as claimed in the application is
, F3 e1 Y1 H$ A; I1 Xincorrect.+ f$ g" Y$ I P7 i6 p: |
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
; Q- r$ h5 |) ?(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% _0 a- S, A* Aother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it: g1 n/ w+ r7 M, L, E9 {5 Q
were a re-determination under this Act of origin, tariff classification or value for duty.! ^$ }) Q% J/ o7 R( I; `
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这到底是说可以还是不可以啊? |
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