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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
% T3 c* A3 z0 J- ^6 G上面说 非商业 进口 可以免关税?6 d) }0 q1 i7 K: S' D
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$ H( z8 X) i+ Ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf% c/ y9 u7 D+ e
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( x# L. w. ~! e( c( @' E3 H- z$ w5 xRefund Requests
& {3 R0 l I0 v2 c74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 v- |0 d. k. Lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) a2 C1 V' R" P/ S1 R/ ^- Gof those duties, and the Minister may grant to that person a refund of all or part of those duties, if" [* e' H! c4 }+ G7 v$ s
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to4 _0 S# D6 i" l; E; Y! I6 b1 x w* X
Canada to the time of release;
3 l" o# T! b F g$ O! f! H4 v4 Q% w(b) the quantity released is less than the quantity in respect of which duties were paid;" ?+ e9 C6 U: M6 b4 K; G
(c) they are of a quality inferior to that in respect of which duties were paid;
# \/ t5 v) V8 L Z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: s3 L; Y; A3 k) L1 i- b% etariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the4 f; _" r, K# D% M, F6 E
case may be, was made in respect of those goods at the time they were accounted for under+ M% q E; g- u, G( C# o, w7 X
subsection 32(1), (3) or (5);* U4 `6 ]$ X& q
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
- g$ J" G9 N spreferential tariff treatment under CIFTA was made in respect of those goods at the time they are! b' {- L2 R5 ], D) ?) m
accounted for under subsection 32(1), (3) or (5);
6 |8 V* W0 l) l5 ~$ I1 Z* u(d) the calculation of duties owing was based on a clerical, typographical or similar error;
4 n' b3 U( ~! M1 a+ n$ F+ X(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2) J4 a! y$ a3 J7 b, w
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
) V1 x1 M& w; _- Bvalue for duty in respect of the goods and the determination has not been the subject of a decision
- i, D5 z) X- G3 h$ B' `under any of sections 59 to 61;
, j* p* w* c9 b$ a(f) [not applicable to non-commercial goods];
; i9 K, p5 C5 Q& t(g) the duties were overpaid or paid in error for any reason that may be prescribed.& {% L# w7 g" |% v: i! u4 {% Z p
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based6 P8 f4 |% h. Q2 s( N$ @
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ X- T8 B% n4 H
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).) [" v% V) q4 \) E
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
* e* ?( @6 ]* ~1 t; uunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
, v( w; u% X' ^: ]+ @( Q, H& M. c(3) No refund shall be granted under subsection (1) in respect of a claim unless
3 G/ |/ h/ G* n( c; S(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( h1 m) A: u5 A! j: Wrespect of which the claim is made or otherwise verify the reason for the claim; and
5 [7 q" r$ l B+ M(b) an application for the refund, including such evidence in support of the application as may be) V; C* J9 W0 Z1 j" x0 \
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 M4 }& E# U6 L0 ]$ L7 O0 {prescribed information within
* q% `6 ?! h. d% X7 d8 a(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)1 z% O+ S& O( \3 J; a% G7 c
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and* s, K9 t0 H. G5 F1 F9 W' M) l. l
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 u) t" K' c% j+ ^3 S+ s' b
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed. d7 U& V/ Y' I. S$ [9 c& k, F y
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of/ A q# T% T) X
this Act as if it were a re-determination under paragraph 59(1)(a) if
! ?2 l) Z. h3 D1 g6 q" M(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
! C; J, l( t, y! ]- ]because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not3 `( a# s7 V# E. [2 x2 D
eligible for preferential tariff treatment under a free trade agreement; or
8 x) n3 o; ], j" a5 O# M(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied b- x8 ]. u& p( x
because the origin, tariff classification or value for duty of the goods as claimed in the application is
- h8 D P/ c: c" vincorrect.
/ V" d6 l8 N' A/ R5 Y# ~3 f(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" X3 S4 d1 [7 q( }# Z9 I(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ V4 O5 r* C Q- Z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: h* G9 S$ j) Q5 ]; T; L# _were a re-determination under this Act of origin, tariff classification or value for duty.' H4 f5 F2 ]. w, D* O
2 z+ q( ]+ z& |+ h$ A1 {这到底是说可以还是不可以啊? |
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