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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
7 N- Q2 B: k# f. C上面说 非商业 进口 可以免关税?5 a4 \' G$ O6 p% p
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
4 T4 K# A" c& d74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who0 f5 n3 M; D+ E1 B7 O. ]* E
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 i' r6 r7 v4 N7 F% p
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
% Q/ G3 s9 M3 R. b& L(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to# n- d" j1 d( i* m; L1 m
Canada to the time of release;
4 ^. \$ l6 K, I6 }( h/ _ j+ h(b) the quantity released is less than the quantity in respect of which duties were paid;
( s9 L- n$ Y o! `) Q& S0 G(c) they are of a quality inferior to that in respect of which duties were paid;
/ J; G+ n+ h- w* r. k1 F% d' p(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, u# b& i5 c( M0 Y4 R6 Wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the" u+ N M0 F2 O) M. N
case may be, was made in respect of those goods at the time they were accounted for under9 c; R, }3 q8 D, x
subsection 32(1), (3) or (5);% ~/ w# C8 s8 x) F
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for1 ^) d- j5 K4 c8 D- A' v
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 R; w5 A, |3 }9 o# P1 }
accounted for under subsection 32(1), (3) or (5);- t+ U1 ^0 S0 x' r
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
! Z5 s/ u6 m* x(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: L+ I% S3 g$ F! ?" sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
& l" A& g/ h/ [# m# Q" Bvalue for duty in respect of the goods and the determination has not been the subject of a decision/ O$ ]) R) {3 e& `
under any of sections 59 to 61;
5 `; k- @; x7 C(f) [not applicable to non-commercial goods];. G0 M# n K5 s# F7 r% |3 V
(g) the duties were overpaid or paid in error for any reason that may be prescribed.5 s( b' t9 Z3 I
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 W6 w) X( h+ E/ m; ?; h' T
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" m4 ~, z: z) M% b$ E
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).8 H, E7 ~/ V4 z d' S2 D6 K
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) C! Z; I1 V0 t. xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
, ]+ O x! `# t7 t(3) No refund shall be granted under subsection (1) in respect of a claim unless9 o6 M+ K( G3 o5 h* G6 V6 d. c
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in0 u4 k7 }3 O2 _7 @: \" t" E
respect of which the claim is made or otherwise verify the reason for the claim; and) K% u# P2 J3 \% j; o* A
(b) an application for the refund, including such evidence in support of the application as may be
0 l8 G! M1 B7 r0 qprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: W# b: y; G0 l; e0 t: Dprescribed information within
4 t, A# B! V# _' Z r4 o(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
9 N2 b* \' b D3 Hor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, I5 | ]" ]/ D3 k# o& _(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods C% Q# {9 h% N9 a! P
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.1 P3 M8 _, k4 z' w- P; ?$ O
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ @; U4 `9 o# o- n3 G8 h& Pthis Act as if it were a re-determination under paragraph 59(1)(a) if- l$ ~# q& ^- t& M2 _
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied% a- \0 M- }# i
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
9 H( |. O$ l+ Xeligible for preferential tariff treatment under a free trade agreement; or
2 `: O$ A+ z: k) `. }: m" T! x% V(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 a5 e, J& a ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is$ D5 K" L! r/ T3 x( z, q7 L
incorrect.
% j: E# q3 l, P4 F(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
# E5 Y! A* ?1 I8 ^(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 G& T* ^0 ?+ e, q' P+ Qother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* q! x: m! N! ?8 S
were a re-determination under this Act of origin, tariff classification or value for duty.) }& H* ?6 D7 S, b
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这到底是说可以还是不可以啊? |
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