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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
8 g: P" L/ ~: N: x; y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.pdf4 _$ r; T7 ]$ { l' O% J
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4 G; @% ?& T: a0 QRefund Requests I* q' {3 r) i5 f' X2 Y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
9 ]4 |: o1 O! E. b3 Hpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 b' N/ P2 b6 i+ e$ v
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
1 @9 K. P: P# V! o7 I6 U* U, P(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to! a) l% x5 ~! w( \* S A
Canada to the time of release;
) b! Z+ I; }( G3 n8 i(b) the quantity released is less than the quantity in respect of which duties were paid;
; Y! d: j* e" V; G) P' X(c) they are of a quality inferior to that in respect of which duties were paid;8 b8 `5 U% W1 c
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" `5 v7 N# u1 v. u0 N# c8 z* c- ]tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 i6 E# E7 Z) f. X" z4 gcase may be, was made in respect of those goods at the time they were accounted for under. }0 [# [- j( \- v( w0 ^
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 for0 [- [) f# g7 b5 F) }" A/ x
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are& P1 S8 G+ c5 R" C ]
accounted for under subsection 32(1), (3) or (5);
) r! k5 M* V! D: V(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 ]% K' A& x% m+ I, C/ E. |; {1 Y7 A x(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)& ^8 _) b9 M9 ~) U; I+ [: ^2 |
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
- g" F' [$ W" ^4 f3 P& i2 a! L# O" pvalue for duty in respect of the goods and the determination has not been the subject of a decision$ V# j3 ^( Y5 f5 |5 }+ e. |
under any of sections 59 to 61;- m9 V. u( }/ i+ g) S
(f) [not applicable to non-commercial goods];
3 Y% p. e! j, {" j; z; T(g) the duties were overpaid or paid in error for any reason that may be prescribed.
2 L$ y8 {5 x2 F$ B2 }9 Q, i K(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 U# L2 B: k( I* C1 _' H5 fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
, S8 r& W3 e& j z' n% Zthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ s( O3 [$ f d6 e, C$ b' t(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
* J# B1 g. r2 W9 @0 dunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
; N4 e: b& ^, j2 }5 E( }$ L(3) No refund shall be granted under subsection (1) in respect of a claim unless: j$ p( q: m0 A: u2 Y& A: G
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in0 X4 z7 {2 A! e! q* G: a
respect of which the claim is made or otherwise verify the reason for the claim; and, l- l/ k2 N/ k) N: O2 C
(b) an application for the refund, including such evidence in support of the application as may be
' o3 e; Y1 J: u3 C; v9 P* Cprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 e. @' f7 C( B( j
prescribed information within; q" z7 |. R$ B$ x
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
& F% T9 G; O0 @6 L7 a9 x5 Sor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) W" j7 J* T5 V! x(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& T5 y7 r* } U" mwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' |* k! h: x6 J7 l# S/ j
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, O9 @5 r: ~+ Z4 }
this Act as if it were a re-determination under paragraph 59(1)(a) if
; X- S3 k6 m& l4 m4 J" z# n(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied8 q# |! Y4 u }. ]" O# U1 W
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
, G, t/ B# q, h( A2 Beligible for preferential tariff treatment under a free trade agreement; or
% b5 d" h; Q* q% ?/ @0 I(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
9 U6 n: v1 z- u; Y. _because the origin, tariff classification or value for duty of the goods as claimed in the application is) D" T# w _7 `8 G# p
incorrect.
8 ~1 `; t$ N- t7 L4 J1 F(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! w3 Y9 `" C3 p; d- `
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 H2 d4 j0 T% w: S6 O% q( ]
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
* V- t& H6 T8 r7 d0 e4 ^1 g7 Cwere a re-determination under this Act of origin, tariff classification or value for duty. ^% {0 C! @8 {; e2 p5 b% v' V
% q6 @9 z0 D& ?5 m' p这到底是说可以还是不可以啊? |
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