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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' V7 V$ Q! G3 a6 j- V/ \上面说 非商业 进口 可以免关税?
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6 }' f# a/ V- {# P+ v4 s# nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf4 C; r& x1 l, O& a a
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8 U) K$ V \4 M' e% t! D$ IRefund Requests
6 v- ~5 [' t& \' [8 g3 o7 w74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who2 L1 E) \ v ]' a- Y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 e0 v) J; `7 p6 O, |of those duties, and the Minister may grant to that person a refund of all or part of those duties, if- E! ^3 S( |8 z( L9 A: R
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
' l0 J9 Q8 k7 L. r6 U% {$ E* KCanada to the time of release;
( G) N( Z& A( w' _1 p# u$ g4 s(b) the quantity released is less than the quantity in respect of which duties were paid;
; @- L( Q2 c0 W! E3 o, d(c) they are of a quality inferior to that in respect of which duties were paid;9 N1 Z- {5 s% l% D G
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential* c+ x: q" u _. `
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ D8 r+ A; l0 ]5 \7 W$ e- Ccase may be, was made in respect of those goods at the time they were accounted for under W) c1 |: I H. l. s5 Q& B& d
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
* {. N4 D8 D2 _% l! opreferential tariff treatment under CIFTA was made in respect of those goods at the time they are* ?, h- ~) A/ o5 L- V' v6 S
accounted for under subsection 32(1), (3) or (5);
1 S3 u: ?+ n+ Y" @7 ?$ i" t(d) the calculation of duties owing was based on a clerical, typographical or similar error;
j' a3 Q3 x) H6 Q }3 H$ D(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). z5 i: ^; u3 i3 p
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or/ ]& `. b& D) m: a2 K
value for duty in respect of the goods and the determination has not been the subject of a decision
5 X# Q, x1 l! d( O8 B6 E% R) Lunder any of sections 59 to 61;
! ^6 l$ ?+ A2 X. I4 ](f) [not applicable to non-commercial goods];
+ N0 T$ L; u- x9 n! o+ O8 s5 N(g) the duties were overpaid or paid in error for any reason that may be prescribed.' h8 l1 R4 @8 K6 }1 F9 b
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 j! ^0 X3 N5 ~$ d7 N# W8 m
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
7 Y, ]& U; l; K6 o, ~this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ [: N( R; R9 d, K
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 n, Y; [4 }/ f& s' yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
( k0 W! l1 I& \% \: @' e(3) No refund shall be granted under subsection (1) in respect of a claim unless
" U" N# o3 Z: x( `(a) the person making the claim affords an officer reasonable opportunity to examine the goods in5 G4 u$ a1 q1 _& ]" x8 S7 L! D
respect of which the claim is made or otherwise verify the reason for the claim; and$ A1 _: m- s1 W, y+ m- K2 Y- ]
(b) an application for the refund, including such evidence in support of the application as may be: R, I: R. o- z8 F2 |. Y
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, @* q) _7 z7 n: R" y Tprescribed information within
- a2 B$ p" r; o2 _. w(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)$ ^; B) C I8 H6 M6 E
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 j1 u* }$ _7 U+ R& Z
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 X1 Z2 n( x: b
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
& B2 f0 ?8 N- w9 b0 D' E% E(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! U. [+ y1 x3 D5 hthis Act as if it were a re-determination under paragraph 59(1)(a) if
) d" f* f! f. |; L# S/ a+ \! F6 c(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
, L! |/ m* l1 K$ z0 H! O7 Z9 Rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 }+ h8 H( ^- Y2 religible for preferential tariff treatment under a free trade agreement; or0 U( g2 @4 O) F9 ]" e
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied$ W1 G2 t) z- L
because the origin, tariff classification or value for duty of the goods as claimed in the application is
' T+ r; A% C. G! c7 cincorrect.: S5 ? p$ H4 L) x5 F' i$ A
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
9 S- K8 S8 J z. G U+ A% @(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground7 M2 j/ ~1 C6 |0 M( M( b6 g7 K
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
1 b1 w7 D: h% Y2 Dwere a re-determination under this Act of origin, tariff classification or value for duty.9 P1 B( @# l# g! ~2 U
# n9 [8 u" b& f6 Z' d2 [这到底是说可以还是不可以啊? |
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