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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
9 O) Z; ]/ ^- e9 @5 `6 g上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf ^+ k( y2 G9 p
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; m" u0 o8 k: i3 d/ y0 B: BRefund Requests. J6 N, `* X" E4 P+ [
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 a% n: x. p" G) e' A! l
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
& `: B9 J2 L- k& ?: n, S1 eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if* h$ B0 [% |0 P/ w3 A8 E
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to6 w7 z. d. Q9 G
Canada to the time of release;
2 B. N. h5 I# g7 g(b) the quantity released is less than the quantity in respect of which duties were paid;
; L4 l- f9 }, n8 l2 k5 ^3 v& h(c) they are of a quality inferior to that in respect of which duties were paid;
# Z: g5 I% f! P* W' s2 r; A(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( x; x! [* x2 v$ G! v9 Rtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the! ?2 k5 y& y9 `
case may be, was made in respect of those goods at the time they were accounted for under
. n' G* T1 [+ f, }subsection 32(1), (3) or (5);
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# J l: u3 u. p- r2 m+ u4 o(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for M: t! d! b9 H1 d; V1 v4 n, L/ d$ |
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are: v" x) n0 g* g
accounted for under subsection 32(1), (3) or (5); k5 Q$ S0 p6 ?# S1 {
(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 N8 O$ ?% ? ?! J: S0 k
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), O% {9 o6 a( _3 i$ n! U
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
4 ~, \9 v* `+ \3 B1 H% Gvalue for duty in respect of the goods and the determination has not been the subject of a decision
: j' Y6 p( ], D! y2 O2 N! `8 w5 Ounder any of sections 59 to 61;8 y* d. f7 T) H: o$ n
(f) [not applicable to non-commercial goods];
) b8 m' n: U* ~(g) the duties were overpaid or paid in error for any reason that may be prescribed.
8 l4 M$ X1 w9 I" G! |( R9 U(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
/ L: P5 i- e7 t1 u7 e9 L" zon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 \5 P/ K/ z& a$ T$ q. @$ lthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).8 |) U8 x8 T; m: {" ^( E O
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim* l' l0 P" u. s. s. ^/ w
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 ]+ A6 g) |/ `, |
(3) No refund shall be granted under subsection (1) in respect of a claim unless
! q' k+ K- o9 k; A! J* F(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
* g4 I) N/ |5 P5 }respect of which the claim is made or otherwise verify the reason for the claim; and
8 b" d q5 Q) p$ q- B(b) an application for the refund, including such evidence in support of the application as may be' w4 N2 M- Z4 a# Y7 o" M
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 M6 J- o0 Q% y Q+ ?
prescribed information within
" z+ s# y& v6 _8 `/ v4 M0 @(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) x) c5 ?% U `
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
+ i. }5 b& m! y$ ^8 z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 \# ?6 D1 ^4 ?- {: l
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ Q* Y, C, J0 u. b) B7 n- C7 j4 F" U
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of: P& Z$ c3 f. r, B7 ?0 n$ N
this Act as if it were a re-determination under paragraph 59(1)(a) if
4 H Y% X3 j8 r+ A- |6 G; L(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 Z0 }( T- }: m3 K+ p
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 C* Q, {$ o7 X q2 E- e1 y2 Ieligible for preferential tariff treatment under a free trade agreement; or q& o' f8 H2 q( d
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied" R9 r% [$ s4 F& s
because the origin, tariff classification or value for duty of the goods as claimed in the application is m$ X9 e# \- F) z- c' f: B* s
incorrect.1 r6 T8 s" u, w5 R9 B* ^! _
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
k' d: i- Q9 h" r# ](f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 e& z( D! `! q# @: Gother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# b+ c. [5 a9 T: [: |. u
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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