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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations4 o8 g2 `; B8 a0 U4 t6 r M
上面说 非商业 进口 可以免关税?! O, a, e- J2 u, `7 S2 q$ \
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/ H9 W6 B% u: G0 m6 Chttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf+ G R* f' G: @
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9 F- Q* ~& y7 y1 ^Refund Requests
! v$ e9 h) ]. v* A, L* v74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% m3 C% q4 C% Y. k3 R9 J6 kpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
8 t7 T& z E. A8 Fof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
% o! @7 v1 z! @0 H% R(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. d5 m' T8 T/ y5 }
Canada to the time of release;
2 e8 b: Y4 D! T }$ y0 y- I f. |(b) the quantity released is less than the quantity in respect of which duties were paid;
1 |7 p! h- H; h1 w% q3 ^* Q(c) they are of a quality inferior to that in respect of which duties were paid;( {4 ~# o* s: O$ ]! }' T
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* j& m8 ]& G& b: Ztariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the0 ?+ d/ t$ Y& e0 z2 n1 C
case may be, was made in respect of those goods at the time they were accounted for under
9 k! x# y/ b# t isubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for- t0 ^& i. S9 }; P/ L
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 h x c$ |* F c8 v$ ?
accounted for under subsection 32(1), (3) or (5);! X1 ] L8 i( J8 X5 V- m
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% H% W; L! `# y4 m8 v(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)$ I5 a; Z8 j F! x) \/ a/ b
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or u6 r4 _: `+ q! _1 W3 ~! E: i
value for duty in respect of the goods and the determination has not been the subject of a decision
( b/ r9 m5 ~) q0 W1 b3 Funder any of sections 59 to 61;& @% m4 U |3 X4 ~+ L5 p5 G6 e
(f) [not applicable to non-commercial goods];( V% p- k7 }3 V% u7 ~' B) D; _. U
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
* k& |1 c* A$ b; u: ](1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based+ i0 R9 B! {: B6 {' Q# Y
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
# q2 b4 x9 \: j: Q) e6 x7 Uthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ l/ w- N; W* F) w, e& Y$ G
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim" w& N1 X" h* B4 p. f' i! Y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' ]+ |2 I& C2 ^% r- z( t0 h(3) No refund shall be granted under subsection (1) in respect of a claim unless
# K- t) W! @- I6 {(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# `& L0 ], Y, ^% Lrespect of which the claim is made or otherwise verify the reason for the claim; and `1 q& T3 R. R* S
(b) an application for the refund, including such evidence in support of the application as may be
0 ?/ e9 k+ E7 uprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the+ a, G" a, a% [" X$ |: s
prescribed information within
9 ~; O% e! N" U9 `(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)0 S5 B( y/ B9 o% p
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 S% k- W, I5 J! @1 i0 N. t$ u
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) T1 g! ^# |+ C. \were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.4 G7 _) J( |1 @, `4 {
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of1 |7 c/ G3 P6 ?* A6 H* w8 Y2 \
this Act as if it were a re-determination under paragraph 59(1)(a) if! {4 Y1 b% F% c0 A
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
* c$ F9 A: j4 n7 e1 [( W: wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not9 `' G7 S5 E' i& [ e+ A8 L
eligible for preferential tariff treatment under a free trade agreement; or0 u) G# \# } w5 C2 R. I3 f
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
) @8 a- S( i' W( P! \3 W: zbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
! h) x1 I" J/ B9 {& {& P, Uincorrect.
' D6 l2 i+ B6 t8 v- \' E% a9 c3 d(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ Z; q3 f7 ^/ c0 j: j& L
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
0 X; P4 z/ I# D9 g9 B9 gother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
$ T/ C; \9 Z4 b" L6 N( Twere a re-determination under this Act of origin, tariff classification or value for duty.4 T. W) K, G8 R1 c, A
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