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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations9 H% m" j) ? t* |* g
上面说 非商业 进口 可以免关税?) W; ^" u3 Y' {
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; \! L. Z+ T' `4 O. E
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* N7 V8 E: s' i' ~- p- QRefund Requests, q3 S' R1 E3 T& M. \
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
8 v5 V6 D# m8 P) a- \paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% q) r: x7 }' B3 }3 O% ?of those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 [- O. e1 ^" A" b# ~ a: F- D
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to% d! z! q# j5 V9 `: P
Canada to the time of release;3 i" q' D& A, O- ?* I3 u# q- ?; T3 w
(b) the quantity released is less than the quantity in respect of which duties were paid;
: t. }: y% ?2 X+ w9 b! R9 G( X; @(c) they are of a quality inferior to that in respect of which duties were paid;
7 V6 g/ x4 a9 F- Y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
0 G6 f7 ^; \3 ~ `6 [; E) I6 Btariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ v% V3 f9 N0 g4 |, _9 w0 s
case may be, was made in respect of those goods at the time they were accounted for under
/ w2 \" G. E) F8 T! K1 t$ Csubsection 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) s8 J2 W7 x( d, j4 X, g
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are0 G h' |" L) \1 q# S* u" A
accounted for under subsection 32(1), (3) or (5);
. r$ z5 S! Z8 W. L- E(d) the calculation of duties owing was based on a clerical, typographical or similar error;
f& N4 ?9 |1 x* r5 w( N(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 @7 E8 u- [* a0 C2 c: A
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' Q9 p3 Z2 X3 ?+ |
value for duty in respect of the goods and the determination has not been the subject of a decision
& w' F2 p( a5 J' tunder any of sections 59 to 61;
7 J( l* }$ p2 N(f) [not applicable to non-commercial goods];
X6 H V3 `( D(g) the duties were overpaid or paid in error for any reason that may be prescribed.
! ^& G2 x8 E) p" e3 }, m3 J0 R6 a(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based. W) K/ V5 n, g# a# x
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 X* x8 R) w2 d
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
" [. Z0 H, ?. \ h(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim$ {1 A# S; N; t1 D E9 v
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.0 k! C8 T: U+ t5 X# L
(3) No refund shall be granted under subsection (1) in respect of a claim unless. s( t9 E4 ]+ z% ^# g3 \% i
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) c8 o/ g( d. m# [' y* grespect of which the claim is made or otherwise verify the reason for the claim; and4 u5 X5 H; L, ~9 \' f
(b) an application for the refund, including such evidence in support of the application as may be! k S/ Q) i, S- r) J$ w5 O2 J- r2 j
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
o( m5 h; d0 l. @/ M G) Z, ~prescribed information within
# e7 E' E" ?& s2 r# K' @(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 ]' P$ o9 U# G$ P, S* V( Qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and% P0 @) @2 O0 H+ S; [" x
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
. B# K; P! D+ q( |* bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
, z' N' E+ r" @6 ?3 [! W(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. y. }: t4 w& _; t3 K: U' |this Act as if it were a re-determination under paragraph 59(1)(a) if
]1 e$ {3 Q" O/ Q(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
e% e" D/ c8 L7 U8 qbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
* y+ H, n- i1 @9 k( U: religible for preferential tariff treatment under a free trade agreement; or
8 R9 j- y, f* @* c' r(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
2 l# v8 I( H3 ]: ?) O' N" dbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
+ c9 q) w% e3 w& I) vincorrect.
- m2 v% h. w G$ E6 T+ _& Q& q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),9 O, z3 i& i- z8 Q+ \5 S
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
|% W1 S& K7 O; |other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- `( {1 O; |, F" r. Uwere a re-determination under this Act of origin, tariff classification or value for duty.+ ?$ j3 P/ H/ Q1 _( Y+ ^7 U
! |% N/ ^5 V5 S* `& r. @这到底是说可以还是不可以啊? |
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