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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 k3 w) p- X# s, X2 `' T上面说 非商业 进口 可以免关税?. f% j7 k! o; {
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+ p7 }, A# [+ ]http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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8 j% F3 C; o0 W: d# bRefund Requests- D6 U1 S, z' L9 A- h. g& J1 S s
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! V0 P1 J3 s/ S- N. p2 S2 bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# H8 q( A& g: J3 n
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if& t3 e5 A2 C% i; R
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to" K* B: R* S' [7 X! |1 o
Canada to the time of release;2 P0 I9 ^( e) k
(b) the quantity released is less than the quantity in respect of which duties were paid;% i8 X; d* L" `. r x' e& e
(c) they are of a quality inferior to that in respect of which duties were paid;% k# L9 F# O$ _5 D
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. I2 i3 G& ^! m( a+ G" l3 ztariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
; U: O7 j1 U% Ocase may be, was made in respect of those goods at the time they were accounted for under
1 t, C! `6 z4 {subsection 32(1), (3) or (5);
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1 u; A) W' ?$ k" \& L* n$ x$ t(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
6 [ b; C9 \: f8 @2 zpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are. k Z: D; ~ a, C8 X$ d% S& ^& m
accounted for under subsection 32(1), (3) or (5);, E+ R, r0 j# @; c, H
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
@% u8 }; e* I/ h: ~( Z, L(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
& s* E) s: A, J" @! \- s5 e# l t$ h7 zof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, I8 H5 h4 \- O/ C# v! V! K
value for duty in respect of the goods and the determination has not been the subject of a decision
+ m3 b& {0 c0 wunder any of sections 59 to 61;
4 S& v' v0 u; z$ t& R/ y3 v(f) [not applicable to non-commercial goods];7 y; p9 ~0 _& @4 `, x& w1 Y& \
(g) the duties were overpaid or paid in error for any reason that may be prescribed.4 ?8 u) J! M9 p- g, b/ x
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 B, p# [4 ^2 w i$ r4 N1 z" a0 t6 hon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
( T! s0 \( ~; Y& `5 T1 Ethis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
0 x9 N1 k, G0 B(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 j; C8 H m2 V/ j Z0 x! aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& {& l8 u2 Y( f1 t- _( L(3) No refund shall be granted under subsection (1) in respect of a claim unless' c: _* }- Y* R+ j7 Z; p: l2 ]
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in# Y" E' q" p4 Z6 d( T" l$ u
respect of which the claim is made or otherwise verify the reason for the claim; and8 w: d- \$ Z- b- O/ [8 ~. ]
(b) an application for the refund, including such evidence in support of the application as may be
: u U: y, U, Y# gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
8 o# u: j7 F$ m( yprescribed information within
5 X# N2 f* z5 [(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 y+ J: I1 O0 n& tor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 B" f g6 W* @ n# F; s
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( I2 ]! L- I* ]) w9 kwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 @2 S: J: G) n: x0 r
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- f) ]1 T8 z0 zthis Act as if it were a re-determination under paragraph 59(1)(a) if
. ?5 d, k) B4 G( ]. C- V: g L(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( Q) K' O2 q ]: v2 Q6 o* O* Mbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not/ F; s/ W0 ]2 r4 f4 m7 `
eligible for preferential tariff treatment under a free trade agreement; or
3 g0 j4 h% u. V1 z' X8 C$ W* m(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied" I+ ~. M( D2 G& z9 W
because the origin, tariff classification or value for duty of the goods as claimed in the application is/ Y4 Z3 g5 g$ p+ k
incorrect.
8 J3 \4 _: D/ p5 F- x(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
8 c( j) e! K" F7 [" E(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
/ P0 l" D* u: [% k Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
$ p5 Y- |6 l3 q5 iwere a re-determination under this Act of origin, tariff classification or value for duty.
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& @5 M; O! C$ v3 s, {这到底是说可以还是不可以啊? |
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