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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
& O: E1 }- V& Q9 u1 y- d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.pdf: |3 S# l+ p7 `( }0 R* E2 T; t) H0 z
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, n# j# B K. U. G+ }6 h" m2 ?Refund Requests+ ^5 }3 g8 x2 N. y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
7 K& p* x$ f* g; C) qpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 h% D) a( h/ g2 O; z+ h
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if% {5 c( E0 e9 D0 K7 `" R# Q: `
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to6 q1 y4 J3 z6 ^& P4 s+ |4 ?
Canada to the time of release;) \5 B" g1 i. K0 Y3 x
(b) the quantity released is less than the quantity in respect of which duties were paid;) j# r% Y4 t: n# O+ _6 V# h5 A6 H. @* D
(c) they are of a quality inferior to that in respect of which duties were paid;0 A: B2 @' J, A( m A
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential3 t! g' K5 ^1 F' w$ k, c
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 k( ^" p2 ?( e) V. b/ W7 E& J6 V
case may be, was made in respect of those goods at the time they were accounted for under$ u$ W& f8 w7 N( @8 F
subsection 32(1), (3) or (5);* `$ S1 s) R' t9 Z$ S( ]
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. I7 w: ~5 n% b7 ^4 v7 f8 ?0 O( t(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for3 U& Y! [9 \6 c. k& w; n$ V- O
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 l3 ? d2 t5 E; X1 k+ k% R. @* H- Paccounted for under subsection 32(1), (3) or (5);2 i v, T9 o6 V8 S
(d) the calculation of duties owing was based on a clerical, typographical or similar error;5 p7 \, M- H/ q8 [% {4 H
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
3 j. k% D- m% sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# E2 b6 }7 n3 N) wvalue for duty in respect of the goods and the determination has not been the subject of a decision* f: x1 Y4 V2 z5 C; V3 e* ]
under any of sections 59 to 61;
6 U ~/ B p% f. c% d- A8 w(f) [not applicable to non-commercial goods];
/ y% g0 j. h( W* X) C; m* N" q(g) the duties were overpaid or paid in error for any reason that may be prescribed.
/ |+ p2 a2 o' H8 \& h1 F- e' o(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( p& F/ O# F( |+ j$ `3 Qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
% ~- z5 E& U& X6 s2 ]% d: j% ^2 `8 Tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
' y" {4 J# s7 }" n# |$ X, m v(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
+ H* O9 d* Z2 Z( x9 L; V1 Dunless written notice of the claim and the reason for it is given to an officer within the prescribed time.5 L' g; e- O; G y; K N
(3) No refund shall be granted under subsection (1) in respect of a claim unless7 o5 R' G" D% b0 W
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& z# f Q0 _) m1 irespect of which the claim is made or otherwise verify the reason for the claim; and
0 ]" ^. h) B/ }' i& @9 {5 v(b) an application for the refund, including such evidence in support of the application as may be
4 x |) ?5 y& u& h* Yprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ K5 j# k) E4 C0 aprescribed information within
3 v# Z1 d7 r: [) i/ `2 B(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
{( x/ e u8 R5 {* T9 bor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and, `* u: `! H& b5 E5 _, ]4 K% B+ O% `
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
, n3 i' T$ R0 \* Gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.4 C8 I4 k$ d% a' O5 R9 [0 L
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! K1 w w L4 t7 mthis Act as if it were a re-determination under paragraph 59(1)(a) if
; ?3 A! y' X& E" P) X# p3 s& s/ R(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
) Y6 O0 h O& _ S0 f3 obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not8 H) r8 E( e6 J# F; W" S8 Z5 u d
eligible for preferential tariff treatment under a free trade agreement; or
8 E2 W5 j t) a7 `( ?; W: A(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied3 {) z5 ?8 H6 f' n5 D; v+ c& R
because the origin, tariff classification or value for duty of the goods as claimed in the application is9 k1 {7 @( P; B5 Y' b5 |7 X
incorrect.
6 r0 m8 ~/ K# @) |0 l) ` L(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),6 @% V3 K+ m' m+ O1 x5 z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
& I* a3 A/ b }3 k" hother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ E8 {2 Y0 h5 l, a4 j/ L
were a re-determination under this Act of origin, tariff classification or value for duty.
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# y1 `9 V% U. r6 g1 ?1 L这到底是说可以还是不可以啊? |
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