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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
& f6 @& W1 v' e6 Q" X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
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Refund Requests
, \& J* X5 o! N# O$ ^74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 Y" p# U- u, U1 b2 j8 [
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part3 V8 `, U& a3 k {
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if$ v, a3 {! J8 w& l7 r4 b, \6 h
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
( e# m E7 b+ n$ p1 r3 lCanada to the time of release;* g1 d$ g2 f+ ]1 L6 |. M2 S
(b) the quantity released is less than the quantity in respect of which duties were paid;
0 n+ C# e2 v2 Z- \(c) they are of a quality inferior to that in respect of which duties were paid;
" R7 w% _1 I7 s! |% X(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
; g$ h& `0 N* K0 Z( Y; ]9 o/ ztariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 s! L# c, S2 j* t0 A* K
case may be, was made in respect of those goods at the time they were accounted for under+ s' n1 t# V; a. q k1 s: V
subsection 32(1), (3) or (5);# _+ k/ O1 `1 \" U
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. K+ w+ [/ U! t. G(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for) w, y4 U- r+ z( u5 x8 y4 @
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 H8 B1 }1 X( \) d
accounted for under subsection 32(1), (3) or (5);
! w: X7 n3 p) ^4 t# k0 D" A(d) the calculation of duties owing was based on a clerical, typographical or similar error;# O- Y Q. @: Z( I
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
- p7 O7 W8 w7 C2 C# R6 M" o3 N! Nof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 n3 v& }; r8 D6 }
value for duty in respect of the goods and the determination has not been the subject of a decision
8 ~& y# z& s2 _; d4 Z9 D( T$ ~under any of sections 59 to 61;
1 ^; Y+ k# O- \(f) [not applicable to non-commercial goods];
( G, Z: C' m4 V* _8 J(g) the duties were overpaid or paid in error for any reason that may be prescribed.& n' t; |4 P+ |4 E! K0 e5 }
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
3 C0 b6 [4 h8 N8 B+ |on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
5 b5 D; j& a9 R5 T" kthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- J8 a* y4 J% V$ K. j(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim& x1 [* P9 G9 y3 o! Z2 R
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.! h, P* K" E3 B+ u/ p6 _' X# `& A
(3) No refund shall be granted under subsection (1) in respect of a claim unless1 T& b+ s8 w6 |- A/ I2 ~. p
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
9 g7 c' g( i/ }0 Arespect of which the claim is made or otherwise verify the reason for the claim; and
) [8 N' `+ a% q/ r- Y, d6 w(b) an application for the refund, including such evidence in support of the application as may be) \$ T& J4 y7 H( O _
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 S: u8 j+ o& r5 L' s: ]
prescribed information within
& b! _! C- {) c3 h6 Z( T/ {(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
; M3 l. ]4 p+ P# G. s" qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, ]. S# j) G0 C& R7 J [(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) W5 j2 Q9 z' uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 F5 Q) ?! C# {. t4 g* W# y6 S
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of& E+ y) {( ?$ V' F1 `' w! M
this Act as if it were a re-determination under paragraph 59(1)(a) if
3 |( X8 b9 Q4 @: R/ _(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied2 p; A, l7 {2 n" a* x
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
, h/ K5 Q) D T1 d e1 Aeligible for preferential tariff treatment under a free trade agreement; or
( K; w5 y( o8 `(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
, u/ a: v: C4 Vbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
3 N0 P- P& a. a' k; P9 sincorrect.7 M- \* x0 t/ f* x1 f
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),3 P! W2 I5 x. F8 h" g2 H( v
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" }7 C$ u$ R" {5 }- gother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 u- i8 t8 U6 U* }$ ]$ B+ E
were a re-determination under this Act of origin, tariff classification or value for duty.
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1 J f% \$ G' ^这到底是说可以还是不可以啊? |
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