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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' d' U6 N0 X; E: H n2 I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
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/ E( W7 ^* B1 Y( Z9 k6 }Refund Requests/ x9 f" C+ T* u/ M9 c5 T) c1 g
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who0 I7 e7 N8 q7 j
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part0 F7 G& H" U9 m. q. E
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if) y7 d% I, X2 ^* |9 U; r
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
7 J7 y! M" g; o+ L! K5 I! i% ACanada to the time of release;
2 h6 {; T0 U6 J. a; `, W8 G(b) the quantity released is less than the quantity in respect of which duties were paid;5 z. A% l X, S& a8 T: F' h# ^5 b
(c) they are of a quality inferior to that in respect of which duties were paid;
8 {/ ], j4 K K! f/ k: x3 k& m) c; B(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
s. h J7 e9 y' x& j; Mtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
3 D: V( L6 D7 T6 h: x2 ncase may be, was made in respect of those goods at the time they were accounted for under
% W: c8 N; j6 Y+ Nsubsection 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
" V3 N Z8 d$ G& d% y8 m `preferential tariff treatment under CIFTA was made in respect of those goods at the time they are l, P; `) I: f6 o! I
accounted for under subsection 32(1), (3) or (5);
: a4 x8 [* k% i, w(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 H* P4 n% w- ?- \8 L6 w' G# J% @
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
! U/ V9 \: C pof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, q$ [6 s, k& v# I" b
value for duty in respect of the goods and the determination has not been the subject of a decision! h! s( P4 K6 L" N/ w8 M, y' b) d
under any of sections 59 to 61;
7 x" F* W7 ~7 |) i$ ~7 ~(f) [not applicable to non-commercial goods];
! l8 O; m# w$ e: I(g) the duties were overpaid or paid in error for any reason that may be prescribed.
% l6 H# o# H# q" O& _(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
7 P8 f& r+ b4 N# \$ `7 T" ton tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ ?4 s. [4 ~5 ^, w3 v3 tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).$ ~0 f6 N- V+ ?/ A1 T1 g
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
+ g8 i! l/ a9 F, h* |+ Q0 kunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ U) }0 o, t6 m! h; h+ O3 H6 g(3) No refund shall be granted under subsection (1) in respect of a claim unless& \4 i5 |1 k/ S1 K% B
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in# g5 ^6 R$ L B5 a# u
respect of which the claim is made or otherwise verify the reason for the claim; and1 u7 _$ E! N* [5 E
(b) an application for the refund, including such evidence in support of the application as may be
- x5 p* u1 N: }- ?prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the |& V( P7 k0 \3 j' S* u
prescribed information within
( j+ @9 @$ I% X- I(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ W- I! X( d7 ~* w9 U R' \or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
3 E) x$ Q# n* Q4 F- I( T(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
2 g! b& w/ b& { H$ U% owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 J# ?& d7 c& a, ~3 J/ T
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! E1 i/ s2 o) Q& k, J; i C* t# l
this Act as if it were a re-determination under paragraph 59(1)(a) if
8 w& p7 i& }( Y2 B(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
' }9 d. [' ?9 _" W8 D- N% qbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not `- k. v7 @- c& B5 [
eligible for preferential tariff treatment under a free trade agreement; or
. T; P) M9 M! E9 d- \$ M3 h(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied8 r% q+ ~& V$ _, H& h4 Z( ?+ D" N5 y
because the origin, tariff classification or value for duty of the goods as claimed in the application is
4 k& X0 p" `! c6 h- Hincorrect.
* M u8 \9 a: `4 x5 X# ?8 X(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),9 ^2 Q d! U# l$ K* d
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
. M2 k+ M) L% F+ A5 L+ h; kother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: \ W7 ]! e# }were a re-determination under this Act of origin, tariff classification or value for duty.& r; p* t! z# l, [
$ c2 k$ C2 f& x这到底是说可以还是不可以啊? |
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