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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
( d% q& h5 P) a2 Z. e- y上面说 非商业 进口 可以免关税?1 L9 d2 l" a3 F6 T( D5 x, q
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
5 p' z9 v, A# z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
- [5 U9 r7 f% p: x4 Q4 ~& Gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
9 j }7 a* \. w7 U2 q- uof those duties, and the Minister may grant to that person a refund of all or part of those duties, if; K1 |; S3 W+ O6 J0 a7 b
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
: c& a% o9 Y1 @. gCanada to the time of release;
% q6 u" B0 z4 ]# C(b) the quantity released is less than the quantity in respect of which duties were paid;
+ q) d9 V' q# c8 z- D3 x M(c) they are of a quality inferior to that in respect of which duties were paid;; g/ i$ g0 t: A: X& |/ u/ a
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential/ [* o9 w2 H& ]9 W5 T
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ O' z" w3 f4 D: Z0 _. d* e) {
case may be, was made in respect of those goods at the time they were accounted for under' U4 U: b/ F" c) q1 e0 C
subsection 32(1), (3) or (5);! l9 u* P9 `9 f6 K2 R! J, j) `* Z
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1 C0 c3 }' _5 n& ^8 b; k* M(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
9 O% H P! F/ s1 F" ^8 qpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 }5 u8 \& `: Z, t7 t
accounted for under subsection 32(1), (3) or (5);5 \4 Q: r9 D* \6 F1 m3 a
(d) the calculation of duties owing was based on a clerical, typographical or similar error;% L- X( K; w# c" j2 i5 U
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)% D A0 E- Q t% b/ {
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: R* _ U1 b! P) ]* Svalue for duty in respect of the goods and the determination has not been the subject of a decision7 K2 ]0 l6 O2 ?) i: L
under any of sections 59 to 61;
6 N& R1 P. h! c5 R# o(f) [not applicable to non-commercial goods];
* A0 a, T1 x% S) X5 l2 _(g) the duties were overpaid or paid in error for any reason that may be prescribed.
3 t0 O) c6 x* A4 o! W, D(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 b0 V/ V2 f2 l5 t! m0 h! m7 p
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
& z' h" H& b% d. h. t, u) d1 C6 }2 ]this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
7 X2 V0 f- {6 Q6 m; T, a9 Z(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim1 V$ N9 d$ s6 [. P! W
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 r( o3 }2 U: U5 A$ e, L6 }6 n& H5 P
(3) No refund shall be granted under subsection (1) in respect of a claim unless+ z6 ?9 k8 _% D2 ~
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
1 X8 w4 d. Y T. t4 rrespect of which the claim is made or otherwise verify the reason for the claim; and
, \4 S+ H4 x6 o7 v. a" ^5 A(b) an application for the refund, including such evidence in support of the application as may be9 I4 _. b+ p. X% }
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# y- R0 Y! O4 eprescribed information within
$ T$ J4 E/ m' m(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)7 x( y0 Q$ s5 L% {# @) k
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and, Z, w% W" f" D. U, B e3 F1 V) S& v
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; L. N* y- M. P# n) Xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.0 z' I8 \5 @$ x1 f2 f- E
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of- o. P9 ]- K/ N: Z$ E D& C4 ~- [/ J R
this Act as if it were a re-determination under paragraph 59(1)(a) if
& A+ V; {1 T7 q8 v" h3 Z1 \6 N(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
! J4 b1 W; v) p' g1 `because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
X% ?9 B# r/ r# w% f8 meligible for preferential tariff treatment under a free trade agreement; or" v6 J+ X* E5 Y0 o: F2 j; o* _
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied, r5 y' f% c( s; S
because the origin, tariff classification or value for duty of the goods as claimed in the application is! T1 K- y& q5 x' f3 T( }1 ?
incorrect.
! K& p: g6 A$ c(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),6 _# T; i" [4 m* C6 r
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground3 P9 B! G" U# H% n! h P/ l l+ V# J
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
, h p X) O: c6 {5 \were a re-determination under this Act of origin, tariff classification or value for duty.
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( T1 ]2 N& N7 u% m+ E: `5 B这到底是说可以还是不可以啊? |
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