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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
) w8 u. O' }. s. H8 S7 K: T上面说 非商业 进口 可以免关税?
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9 k: i/ d/ B% h) `" x2 Hhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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- v% B }$ O0 U. MRefund Requests
' T* l1 w0 h& G74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
0 a+ f6 {6 s: l8 cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part& {6 T4 `. R1 }3 D) Y' U4 `4 _
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 x; @6 _* _, s; T3 [
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
( I6 P, R8 `. k/ N- o; ICanada to the time of release;
( t* C9 R/ ^- H! F k, ~(b) the quantity released is less than the quantity in respect of which duties were paid;9 G% o% q% G7 V! ~* _/ E4 R
(c) they are of a quality inferior to that in respect of which duties were paid;
( V9 c# T+ g2 u0 V: w) o- l(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential3 n7 H# o4 g. n4 m+ ]! v. d9 {
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the. \# U% G( ~' J5 H' ^
case may be, was made in respect of those goods at the time they were accounted for under% W e( J+ J3 b$ m( |6 C
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
8 s) @( `* j% A* |5 A( epreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
( O/ E% V! }$ i6 laccounted for under subsection 32(1), (3) or (5);! m% M/ h% l! a1 q5 b& n
(d) the calculation of duties owing was based on a clerical, typographical or similar error;# |$ E/ `7 |: V) O6 m/ g D4 C2 j' I
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
+ c1 V& _. [: g" R% r Eof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 q* E. [1 f m
value for duty in respect of the goods and the determination has not been the subject of a decision9 W* U5 t4 J3 N4 K% K4 z
under any of sections 59 to 61;) x7 W- [7 t5 ^# b0 k' _9 F/ m2 V6 P, H
(f) [not applicable to non-commercial goods];
6 T) V5 M% H# L# O6 ^, I(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- w) w# j& a& S(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 {% n# u( j h& k5 \' j4 G( N
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! ?2 R1 }, U0 s4 [$ H
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ P4 q: _ G4 \" C1 [% }' y
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 s3 C4 F3 D$ G2 |& W8 @+ p Punless written notice of the claim and the reason for it is given to an officer within the prescribed time.
- M+ Q. d% L+ J2 N; t( D(3) No refund shall be granted under subsection (1) in respect of a claim unless5 G# z9 ^' g- c$ b' g. r: D) K: @
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
~# S- r+ u# E E: ]3 [respect of which the claim is made or otherwise verify the reason for the claim; and
! v, z! ~8 |9 S) \(b) an application for the refund, including such evidence in support of the application as may be# U$ R5 G8 U$ u, x
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
% M- S% V3 i2 y+ v4 ]) Gprescribed information within* D: N# E: w6 X. j: C, ?7 J" x \
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
' K4 u% U2 O6 R$ p# i! a8 Lor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and- m/ |* x9 d6 l( i+ a. X; f
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
1 X1 y0 w) E, I3 `were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
7 O6 [7 E" [$ f3 k) ^, g" W3 I(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& w8 l1 `3 W j& Y& ~" Lthis Act as if it were a re-determination under paragraph 59(1)(a) if
2 O0 Q7 Q) G' J' n(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
2 ]3 J2 `% u1 l" Obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! A( ]# U& H; W( w' a/ Jeligible for preferential tariff treatment under a free trade agreement; or
5 v! C, e% [. ]6 U1 v(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
* a8 g+ i* x' D* w& l9 }& J% ^because the origin, tariff classification or value for duty of the goods as claimed in the application is
% `* W+ s/ v1 z1 U( x% U, A: fincorrect.7 n" {& a+ u7 ?4 y* k5 o9 D
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
. S4 O- M" b- F# l8 ?(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# \& j% u3 Y! |' A- W" @
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
5 W1 w* k; l/ A# u% D( i& M, Zwere a re-determination under this Act of origin, tariff classification or value for duty.6 `) a/ k: Q$ q
' u& H( D+ A2 s/ m" ?这到底是说可以还是不可以啊? |
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