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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
& H3 v T! J$ ` L. N5 k" ~上面说 非商业 进口 可以免关税?) f% F+ J* R0 ?1 h+ W5 y5 W
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4 ~- V+ J" h& zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
2 A% r D% [) y1 ]' I7 |74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who; d% k8 Q! V$ h$ @4 p
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 H5 F3 f- k# _4 K# Y8 K9 S4 K
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ B6 k' a( Y" W(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
" n' c4 O- X8 a: OCanada to the time of release;* ~9 M; i' Z. U* J) ]
(b) the quantity released is less than the quantity in respect of which duties were paid;
! N! J! Q. N+ ~& p(c) they are of a quality inferior to that in respect of which duties were paid;
5 x; D4 d' n2 X) h4 Q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
P4 l+ T1 G2 V+ W. [8 o$ P) R$ f9 d- ktariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) V8 x7 O& D* W7 \: J8 U4 O* p; ^case may be, was made in respect of those goods at the time they were accounted for under
A; {' Q7 [- G3 K; g$ i E" rsubsection 32(1), (3) or (5);0 ?' L+ [ U r( Z5 A
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7 h* K, e# m( X# O* p(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 A) }* Q+ z- u7 C/ ?/ b: o( Y% H
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 ~3 j0 T3 I( |3 p: h, d6 M
accounted for under subsection 32(1), (3) or (5);7 [8 k0 {: j5 ?4 T/ V! ^0 k$ Z
(d) the calculation of duties owing was based on a clerical, typographical or similar error;, K. |" d5 g+ B3 E/ ^
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 M* F+ X3 ]0 X! P0 C' N# V/ @of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or" f/ v- p {0 L( X$ U8 V- | P6 ~
value for duty in respect of the goods and the determination has not been the subject of a decision
0 Y0 m# v) B- F/ J, [under any of sections 59 to 61;0 d2 |7 W( X3 w
(f) [not applicable to non-commercial goods];3 Q/ l, d* s1 N1 N
(g) the duties were overpaid or paid in error for any reason that may be prescribed.' h# o' r$ l& I- S4 F$ z4 ?6 ?
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
/ R. k. G5 ?* don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of- a# I) O! R x. t5 U
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)., i I7 O: W0 l& q8 ]
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim& P( S* ?. j0 Q1 T9 B/ y4 g( @" \
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
; M0 W) N! k! C0 i(3) No refund shall be granted under subsection (1) in respect of a claim unless
, M# F+ |3 K: P! f, E2 Z) y(a) the person making the claim affords an officer reasonable opportunity to examine the goods in* r0 V1 Z) ?% [
respect of which the claim is made or otherwise verify the reason for the claim; and- m ^4 F! ]/ Z" g u+ V
(b) an application for the refund, including such evidence in support of the application as may be1 T& q9 s8 ^, r1 o Q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
1 z, O6 Q2 E9 d( q* _* Uprescribed information within2 d' T' N+ r* O
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
8 m( [; f$ q. _% W6 k4 aor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* n) W8 m4 P D9 w' v/ ^(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& v3 a6 W' q$ X' h' Fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
) F5 s, T) O a6 b2 l; c(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of1 r8 s' `- @$ f. m6 x& K
this Act as if it were a re-determination under paragraph 59(1)(a) if8 d0 V. X! ?5 ^1 Q* p' e( W
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& H( c6 G5 Q+ v% A" w. kbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not- H% d0 K3 P. R
eligible for preferential tariff treatment under a free trade agreement; or# b$ z% `7 K! N8 \# l! j
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
( p1 ^, S" a" ^- D! j; {- pbecause the origin, tariff classification or value for duty of the goods as claimed in the application is+ F0 p/ N3 A2 p1 U- F$ ]
incorrect.# I1 p0 J0 Z" w6 R
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
; ?. N' [' Q1 A% O' p5 T(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
5 k' N- X7 z2 y7 C& hother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, ~2 ?3 {" Q, i# ]
were a re-determination under this Act of origin, tariff classification or value for duty.- w F2 }% q w6 U. A! L8 N0 y
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这到底是说可以还是不可以啊? |
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