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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
$ y% n0 g( p- E# \3 P/ A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/ J, ^# u' N( Y. K0 s
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8 W, K6 O; l9 D0 ~Refund Requests3 K0 u* l5 C* S" P+ p
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! `% T4 x" h) H2 o9 h: N( r3 [, I
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
; K: u. S0 `1 z+ m. l/ Nof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
1 e/ w O R* X: o9 L* F(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. x- X# ?) [9 ]' Z* Y
Canada to the time of release;# X+ _7 R6 |& L2 r6 P
(b) the quantity released is less than the quantity in respect of which duties were paid;
- y1 A u) W0 y4 q+ n' {(c) they are of a quality inferior to that in respect of which duties were paid;0 ^9 I# z/ q) q- Q/ K# X, T
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 D: i, {9 A7 E1 Y/ T5 y( |' _7 btariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the1 z+ M3 |6 r* I: h' E8 S {
case may be, was made in respect of those goods at the time they were accounted for under
6 h6 r9 a. f; j, s+ P }subsection 32(1), (3) or (5);
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- u( b6 K! T' r3 v$ {(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 N4 _2 b; x; a2 g# a0 n
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are: X) \, U( Z# c% T
accounted for under subsection 32(1), (3) or (5);9 r- q1 t+ X9 y. f% }
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- r: ] o$ k j I! s(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
" [; H. G0 [+ I( Uof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or% B6 m; p6 z2 c# b1 w$ t
value for duty in respect of the goods and the determination has not been the subject of a decision
6 s. n1 y$ ~ Y! Z4 Gunder any of sections 59 to 61;
0 a) \- n! g+ Z* L(f) [not applicable to non-commercial goods];. `. D6 e/ Q9 U! T6 s
(g) the duties were overpaid or paid in error for any reason that may be prescribed.* `/ T) e9 F; c0 |8 \
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
- y' S2 Y3 q% m$ F# pon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of% E2 {- w2 k' _/ Y' k- \3 ]
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- ~7 u9 d% @+ G(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. F3 S8 o- t# Ounless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 O9 e+ [0 q4 U* M
(3) No refund shall be granted under subsection (1) in respect of a claim unless0 _8 y! y/ D6 V \1 Z2 t
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( G% c6 ]0 H' O. q- y# V" Frespect of which the claim is made or otherwise verify the reason for the claim; and' ^3 [1 v3 T* @! U- D. {
(b) an application for the refund, including such evidence in support of the application as may be
/ v2 s! h8 j: _; b# E# u- D/ @: Eprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& P, T. V m; y# F! T
prescribed information within5 q; Z7 Q. R! V$ F
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)! z9 M5 R+ a7 r6 K' o
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: g5 O% Z$ }! k0 M
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods0 I) s) x# L) f- h
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
) Q+ ?' f: J5 `6 [) `' ^(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
5 m# h1 s. \1 ?9 Pthis Act as if it were a re-determination under paragraph 59(1)(a) if
- d8 m% v1 `5 H( {8 C9 v& m(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( d. d# h; P. _; m6 ^, F& B
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
" [6 E7 |- n$ m! yeligible for preferential tariff treatment under a free trade agreement; or
7 I- o2 n# e0 Q3 w# r(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ l5 [% T+ b/ {. R) h# i9 vbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
' [9 ~* @) `, n9 G6 V* a3 h& K4 Vincorrect.
1 q, S& L& K4 G+ o2 v(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),' L+ S/ g) w4 j
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
# F' j+ a! d" I" H& ~other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ P2 B9 M* f p; ~$ kwere a re-determination under this Act of origin, tariff classification or value for duty.
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/ V/ _+ m, B" \% Y这到底是说可以还是不可以啊? |
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