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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: \1 O7 y. S/ R. A; M
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.pdf1 `2 L5 K7 S* a
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, m0 P' y/ D- d: vRefund Requests$ @3 k4 }6 O/ \9 {* n
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
8 q+ a! L1 Y8 a- ] S* x# Rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part: h/ r8 t5 {0 X4 G) }8 J/ c
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if. i$ d$ s" J2 a7 H" \/ R+ E2 `) ]
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
0 o0 b; Z6 r5 x( oCanada to the time of release;
2 H( |# A5 J h' l(b) the quantity released is less than the quantity in respect of which duties were paid;! A9 q: N, ?9 Y7 |' v- U- E7 `
(c) they are of a quality inferior to that in respect of which duties were paid;% k1 K5 R9 g2 x9 s: c( [8 ]
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential9 i! P$ G6 o2 B' b3 H9 U
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the7 C3 B, d" l3 K$ l7 w' v
case may be, was made in respect of those goods at the time they were accounted for under
* i$ B0 j$ Q& {" N+ Y- esubsection 32(1), (3) or (5);
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" S) S' A" a) q+ ?; I(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for4 p+ q, _) {& J5 G% V
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are1 ?8 {, j0 E# L; B& Y% X
accounted for under subsection 32(1), (3) or (5);
) W3 s+ \1 g# f* `7 ?+ T3 |(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 G# @; m$ z4 I/ p; v! |5 P4 e
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' p" ?1 [ n$ p6 sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 B- a6 l) d+ X. Uvalue for duty in respect of the goods and the determination has not been the subject of a decision
% n% [$ _2 P+ i# ]8 S- dunder any of sections 59 to 61;
, `! D- j( x+ f+ m* [(f) [not applicable to non-commercial goods];
8 \1 u. p8 \$ ~/ t) \(g) the duties were overpaid or paid in error for any reason that may be prescribed.% Q* }% C9 o6 b
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 E, U1 M2 u' Y) h( s0 I* d
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of6 ]) Z1 P4 O* }. I* [: y0 }
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! g* l' L. X. T: L(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
- { t+ Z0 r; t6 V3 y2 D* ~unless written notice of the claim and the reason for it is given to an officer within the prescribed time.- `9 e% H) \! \2 z3 U* _
(3) No refund shall be granted under subsection (1) in respect of a claim unless: \$ X; [3 U f) ?5 Y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
; b0 m% S: w2 t3 k4 N6 Urespect of which the claim is made or otherwise verify the reason for the claim; and8 F0 b, V4 `7 @0 G+ H& X+ P- P
(b) an application for the refund, including such evidence in support of the application as may be
1 O# L7 V& V, \prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the2 t9 }+ r( M: r0 I8 c" D* o% t
prescribed information within: a* o5 ?5 E) O( [: {2 e' {3 ^
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
% z# x: n" U* j8 @8 L4 c: H! y" S* eor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
2 r0 \" I0 P4 _5 }(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 k7 U; h6 R! L
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 D! y# k. z# D" w+ M( D2 @) I
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of7 X5 {/ t' P/ r. |& m2 l
this Act as if it were a re-determination under paragraph 59(1)(a) if
5 T! F3 e& b% D2 E% w( C/ i1 d2 s(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied$ C1 ?; i/ C3 a1 E% C) Z5 S- x; l
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: k# q; _7 O" X1 E/ @; \eligible for preferential tariff treatment under a free trade agreement; or
7 {6 e1 D5 d% z& A I(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! C$ X1 G, {( _. x6 Z) \# }: _# x. gbecause the origin, tariff classification or value for duty of the goods as claimed in the application is5 M% T& `) F, l& ^/ S
incorrect.
6 {' e1 T- \% h" n(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),% u1 o4 r, X9 G1 w& _$ J% p6 v, |. g
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground) V5 f! V2 M0 X! j) e- _/ ?1 m
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
( x" F; h) Y3 wwere a re-determination under this Act of origin, tariff classification or value for duty.
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