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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
( p) l; f3 c8 ^3 G `6 r) k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) L2 \1 A8 u, W% `$ b$ z% _
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Refund Requests* ~% l* w! h2 V u
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 M3 Y3 d8 D% r* l! j }# d# e% {- Tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# O/ h. x: K- A1 \0 R
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if' m( i. H4 X. A: M7 u8 g
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to! _! h; @8 [9 h/ ]4 \
Canada to the time of release;
2 Q6 m+ ?1 @/ Q+ Y8 P7 _% Z(b) the quantity released is less than the quantity in respect of which duties were paid;
' Z! r" ~' Y( L) j4 o6 |(c) they are of a quality inferior to that in respect of which duties were paid;
1 t/ R) C& W3 B% h(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential: c& l1 `8 D$ n) |4 D4 M
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the5 v- q0 T/ u' Q7 Y" [
case may be, was made in respect of those goods at the time they were accounted for under7 m2 A6 e4 @' K4 _( |* h5 ?
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
" m# g( C4 P, F/ r1 apreferential tariff treatment under CIFTA was made in respect of those goods at the time they are. F; P7 G7 R) L. ~5 O! E) u1 {
accounted for under subsection 32(1), (3) or (5);# {; E; a# N" ?# |3 w! A5 x
(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 S$ C; h# B6 p
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. J& S* ^6 C5 a" N% r+ D' y# ~of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or0 N; l/ t: ?. p6 t
value for duty in respect of the goods and the determination has not been the subject of a decision
) u% h* W% D9 R( E& u- ?+ Ounder any of sections 59 to 61;
/ T5 C% x( }( Z$ U0 w' ]2 }$ J3 p(f) [not applicable to non-commercial goods];
& v+ v: x/ ]) y$ V(g) the duties were overpaid or paid in error for any reason that may be prescribed.
4 m( K" \* O* y5 N(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based8 l t4 l7 B5 | p" V i% J
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 y6 D4 f& j) Y' ]5 b4 lthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
, K4 f2 H, x) X! V1 J2 e(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
$ ?; ?4 x8 ?- i# n6 Y/ Vunless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 f: X$ z& }- ~6 J; H
(3) No refund shall be granted under subsection (1) in respect of a claim unless
9 l" u/ j7 B* x" o/ f+ f(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 V( W3 p6 d/ ~5 l8 g4 h
respect of which the claim is made or otherwise verify the reason for the claim; and
1 f% a* E# P" N(b) an application for the refund, including such evidence in support of the application as may be
& \; h8 d! R* p; v! A6 _8 vprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 p& \7 t- g( t0 r3 rprescribed information within0 P" q6 \% X9 l! N8 ~
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 ?+ k! C" @3 x, \or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' i' |9 u9 F, ]; {" c" Y+ s(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods- i e% i4 e" d2 f3 ?, x
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 A! Q F7 n) w) S) L! Q8 t
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of) _. N8 T! X; b$ I- o5 s( D4 ]+ @6 T
this Act as if it were a re-determination under paragraph 59(1)(a) if
7 n' f% m# g- v3 }5 A1 n) J7 l(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 P3 @% A G: s
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not" n; O+ l- p, W" r2 h
eligible for preferential tariff treatment under a free trade agreement; or& \1 v( e7 W& ~& `
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied* ]) b3 c9 J1 j, q) O7 n
because the origin, tariff classification or value for duty of the goods as claimed in the application is
) @' h$ K. W lincorrect.9 i; Z0 R$ v- d' K6 L
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
( R9 u; e8 D6 V, c1 R4 }+ d3 c(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
) ] E- w9 m* h( dother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
& P) [3 P) Q8 a2 g) P8 ^$ I: ~were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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