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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations2 s; u4 L% i5 {) {
上面说 非商业 进口 可以免关税?
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1 F A% Z2 f( j4 o3 j; M2 ?0 uhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf8 B7 [! t2 ~, g/ e+ P; q
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4 O% Q5 R1 W9 RRefund Requests
P% j1 W6 q! v' M O: b2 D8 [74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 J: Q7 l9 j3 ?
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" R* `/ M, h f3 I! k0 ^1 @
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if, U6 P4 \+ Z2 o( x
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to# H/ [7 U( {; ]8 ^) X
Canada to the time of release;2 p- s" u$ N' Y+ q/ M& i
(b) the quantity released is less than the quantity in respect of which duties were paid;
( p* C& O9 X, X1 w+ f5 ?9 v G4 B(c) they are of a quality inferior to that in respect of which duties were paid;- l! \; _1 x( x
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ f$ q N- T, l6 A4 I+ Ztariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
" k7 @' H. e- l9 B" x( Ycase may be, was made in respect of those goods at the time they were accounted for under% q0 M# o; O5 X* ?
subsection 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
" e5 _0 V& b3 m8 j4 a2 c, }7 Gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are# L; R- w/ Y* x5 O2 \9 N
accounted for under subsection 32(1), (3) or (5);( d: I% M0 G7 f# L! V0 ?
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
) N! |. j' r0 u' B: o(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)+ t; ^( }' f7 J: v( s
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or: V: x- H" e5 B$ I# d
value for duty in respect of the goods and the determination has not been the subject of a decision
$ S7 w, b U6 Zunder any of sections 59 to 61; W$ ~# o: H q4 M# a
(f) [not applicable to non-commercial goods];
. d) A/ s; F/ \& b+ n(g) the duties were overpaid or paid in error for any reason that may be prescribed.
* ~; `, f! @1 H1 Q1 O' A8 S1 }(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based8 g ]! H1 ?( } u, \
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of# W# T9 p$ `: ~$ y9 C ]2 g% V
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
% K6 q/ r/ H2 e) j4 o3 H1 m(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim1 w: y+ N1 c) {7 C
unless written notice of the claim and the reason for it is given to an officer within the prescribed time./ P- R3 U( y- d7 `3 ~
(3) No refund shall be granted under subsection (1) in respect of a claim unless' \( o/ `) J) t }3 R, ?
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in3 |. V! }% Q i# w/ Y
respect of which the claim is made or otherwise verify the reason for the claim; and+ F0 R0 S5 i& x% m8 Q
(b) an application for the refund, including such evidence in support of the application as may be
\) Z" Z8 g1 u6 W4 x% }6 aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ G0 R; Q$ \8 Q& e" rprescribed information within& Y$ C5 d3 h' Z$ a
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
- E f, G- |6 _4 j2 i+ vor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
4 C. g8 g& g9 W/ S5 ~(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods+ b0 f$ n% P6 M7 E1 W* m
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.: k0 {9 V: t/ D' q7 z4 {1 A
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
* c( e( y7 k6 ]1 ^2 Rthis Act as if it were a re-determination under paragraph 59(1)(a) if2 a; o( j3 ^4 E3 k7 T; t
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: A8 M& W& f) i% A; ^) M! pbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
1 i/ E* O" R' `. Beligible for preferential tariff treatment under a free trade agreement; or5 @) Z7 J) d/ ]3 C( A' y9 j
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
- @$ E) l4 F6 R$ Nbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
4 P: {. C$ w- K% m# F% j4 xincorrect.
, r- a8 S6 n3 ]3 p1 D(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),+ T2 j9 A5 G6 u8 T h8 R) g: h
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 g4 p( ^0 q; G. t; Qother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
' ^3 A5 N! e" d1 s4 ^3 dwere a re-determination under this Act of origin, tariff classification or value for duty.5 U7 ~' J8 W* f
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