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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# r9 W: I( x- e
上面说 非商业 进口 可以免关税?2 I% Y m# c& U8 O8 d; D
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]1 B& Y( y* f5 l4 k/ F! Lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests8 B% x8 x5 x. k8 t
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
8 J- ?0 v. F" W5 J& apaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 B: D1 _; s$ h3 F& w( Q
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if ^) o1 Q* W4 U' d) K
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) m: X d% i7 @$ uCanada to the time of release;( ` P0 l$ {: i( G+ ~( `( S
(b) the quantity released is less than the quantity in respect of which duties were paid;3 t! h1 m) O0 q
(c) they are of a quality inferior to that in respect of which duties were paid;
& b5 S6 @) }& h) D, L(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
5 F( R# G- u2 s7 D+ s( _! gtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the# q4 T8 P' ~8 O( d3 g+ |# E
case may be, was made in respect of those goods at the time they were accounted for under
9 z& H% U! o) x3 `7 `. tsubsection 32(1), (3) or (5);
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9 q0 b2 T# _9 ~" ?% h(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for" v/ T9 z. T& }/ J* |% K
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 U/ r( x3 l* w! B
accounted for under subsection 32(1), (3) or (5);
2 s: ^6 d) r# t' L2 Y1 C* h(d) the calculation of duties owing was based on a clerical, typographical or similar error;
& s, S5 {, D8 K9 d/ _- d(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
4 n; E7 w, t- e5 mof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or% T* {) g; c T! O4 N& l& s! T4 K
value for duty in respect of the goods and the determination has not been the subject of a decision
3 k( G# N" p+ h- G0 Xunder any of sections 59 to 61;
2 e) W3 H7 M5 B& O/ @( [(f) [not applicable to non-commercial goods];- B3 L0 x* d& B" A/ i2 q) ?6 D; _
(g) the duties were overpaid or paid in error for any reason that may be prescribed.2 ?' q7 O; p0 S
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 L y7 X- U' ]! j. ^9 d% Aon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of% I/ U z, c; [3 {4 f
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; ]& m* K1 K, z(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim( H. d, |& ?# L6 `
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 a" [7 ~2 P( W9 E
(3) No refund shall be granted under subsection (1) in respect of a claim unless3 O3 \6 {5 Z9 U6 b
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
" k& ^% O1 j! F( v! Nrespect of which the claim is made or otherwise verify the reason for the claim; and
4 q9 ?% z, }3 j1 h& {(b) an application for the refund, including such evidence in support of the application as may be
* _8 Z; u8 N( o9 a, u$ Dprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the6 @- t: n i3 G2 {# W% v8 X4 e
prescribed information within
; J7 R4 I; I% |! d: D1 X! G, J! K(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)3 i# d7 I1 X9 b+ d9 k# g4 c
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
6 a! s4 M7 R3 b; f* h(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods9 Y1 L* v. `# p! W- i
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
2 Z1 v3 @2 V+ b(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 n6 W" _- P% G0 P5 a6 @# V
this Act as if it were a re-determination under paragraph 59(1)(a) if7 w; |" V! s. P7 J) D" E5 w, E) M
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ I5 ~9 q7 }2 Nbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 J J+ L* \) i* n( o( D& j, Xeligible for preferential tariff treatment under a free trade agreement; or" R* X. H7 r, i* s' t) [" b0 @, X5 m$ _
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 w- a9 T. _: `& |. W- u5 N0 v
because the origin, tariff classification or value for duty of the goods as claimed in the application is! m' B% {5 Q& ^$ b1 Y" Y
incorrect.
% v- L! _% y. b% i(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),5 a5 P! l. O# i
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* k8 J, [5 [0 j I. o: sother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ p; M, M6 O% ~
were a re-determination under this Act of origin, tariff classification or value for duty.) t. c. f, r6 j4 }
$ a; y# t+ V( p6 `这到底是说可以还是不可以啊? |
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