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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
9 X7 f$ v; y( L6 c/ f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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Refund Requests4 e! O7 i; P* H+ m. X6 E
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 W G% ]6 e4 [* ~5 R/ B9 R4 K
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part- C( E; a1 n1 }, n3 T S4 @( i
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if, P- X# p6 A: L8 R$ l
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
+ A1 E. M5 m7 ]8 {Canada to the time of release;
M% \2 @, T; Y0 F% g. Z! d7 Y0 c(b) the quantity released is less than the quantity in respect of which duties were paid;
; q0 G# i$ I3 w(c) they are of a quality inferior to that in respect of which duties were paid;# s7 U. H) l& B! A4 y' \. o
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential5 {$ S. H, a {# X4 z
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the0 y& E* ~) K/ }# |6 P, \* I2 P7 }
case may be, was made in respect of those goods at the time they were accounted for under1 l+ D+ \4 @- Y3 V6 ]) ~9 ~& |% M
subsection 32(1), (3) or (5);; Y8 N+ i7 J: v3 \: ~
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' ]5 @! v; y3 j. a. ?4 Y% J' ^' f(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
4 u" V) N2 ^* ]' \! Mpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 y1 H7 E- c% Haccounted for under subsection 32(1), (3) or (5); E# ?2 D: Q$ p& G5 ?4 u1 f! G+ B8 D
(d) the calculation of duties owing was based on a clerical, typographical or similar error;9 Y4 R/ H6 p1 u# U" Y
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 w# s- B* g. U" wof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
4 J1 a" Q% {: a. Svalue for duty in respect of the goods and the determination has not been the subject of a decision# P! w4 d0 T: S( ?: _ h
under any of sections 59 to 61;
7 x, p: j d- ^4 Z0 m(f) [not applicable to non-commercial goods];2 r8 ]7 ] f! \" \
(g) the duties were overpaid or paid in error for any reason that may be prescribed.' c4 w" i4 V, |6 e+ p9 J7 I
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
4 b+ Y6 N9 q! Eon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
8 i. q& Y* F* X) {% c. P" ^this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).1 f ^- H, z& D0 G' X
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; q' I$ i( W) F6 Y7 F" xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.: M1 @0 _9 S9 B% h, M9 X
(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 Z; T. g) O( j* Q u# g1 c(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
0 m. ?* D: W# j2 P& L0 mrespect of which the claim is made or otherwise verify the reason for the claim; and
/ t/ a! N/ ?, M5 j& _% x(b) an application for the refund, including such evidence in support of the application as may be
3 [' D* G- _+ k. oprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
% m. T6 E/ g* N) pprescribed information within
& @ K6 q- C* X( r% I5 j6 n9 |( T(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, ~. r7 E; n3 W4 P+ ^2 O0 xor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, o" j; J1 g) C/ O* k5 _/ S(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
3 G7 O5 R. @: B3 |" _/ nwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
& v* x \( C2 B0 y! `' X& h(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of5 |* \) X9 \+ @
this Act as if it were a re-determination under paragraph 59(1)(a) if8 ?# a- w% t! g8 Y1 ^% q. W: f: W
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 m/ }, u, p% P% S& D" E4 l# X m
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not9 v. d1 ^% n( z+ K4 h
eligible for preferential tariff treatment under a free trade agreement; or# Q. Y! P v: J( @" w6 R
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 ^' K) d8 F- B% o
because the origin, tariff classification or value for duty of the goods as claimed in the application is; L( ], m) r H, @2 |# {3 q
incorrect.! j. g; q8 G6 t
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
8 e3 Q4 w' L: F( R4 m/ X3 _* b(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
# k! B+ P4 N" ^9 n) Q! [. _4 vother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 o7 L0 I/ f7 S' J1 P/ Pwere a re-determination under this Act of origin, tariff classification or value for duty.
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" E7 J) [; I# H. N+ \( O ]! r$ _这到底是说可以还是不可以啊? |
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