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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
2 }: p9 I7 z4 Z0 b上面说 非商业 进口 可以免关税?: |5 M0 Q$ Y F, a. e, z7 b
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests. Z i- O' k) }. w* T) e0 g r' u
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* \* v) V: a* m& E8 F2 M! ~paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
, Q! c- G/ B* m0 O2 @ {; w$ {of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 x7 f% {( U9 Z3 g8 q$ g(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ C5 H) i" ` o0 _$ MCanada to the time of release;
$ T1 \% @4 l4 m. ^; S5 e7 r(b) the quantity released is less than the quantity in respect of which duties were paid;
# c8 o2 p+ y0 s(c) they are of a quality inferior to that in respect of which duties were paid;! c) \+ j- B6 X: q
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% I2 X7 k' X6 u
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the! ?5 o$ j m5 `( d/ p
case may be, was made in respect of those goods at the time they were accounted for under
/ r+ D3 Q c, F b7 r. v( Dsubsection 32(1), (3) or (5);
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) Y6 c" P( y9 B* ](c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for& ]8 D* O. H5 U) b
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
% C( y9 y E% r4 Uaccounted for under subsection 32(1), (3) or (5);
3 J c* {0 `. d* c* V- @4 q2 c(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 J! ]; a& y7 N+ d) o8 ^(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)3 G6 w7 _: @7 I
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or9 j3 g( j: r, \
value for duty in respect of the goods and the determination has not been the subject of a decision+ J8 B: E8 t8 ^$ k
under any of sections 59 to 61;
1 M, K+ l/ k! E6 [( M$ y0 e% `(f) [not applicable to non-commercial goods];
# g( k5 c2 }9 ~ v m+ a" }! P(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 [7 d. ^9 `9 I(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based( }' S7 K& D5 I: [& C
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ z3 @ y8 E' j! ]
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).7 {! ^; k$ e% C1 m' M- P/ X' A
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ d) G. O- b; ^, P3 Z2 U% O& }unless written notice of the claim and the reason for it is given to an officer within the prescribed time.) _( Y: j5 `( ^. Q2 i* P
(3) No refund shall be granted under subsection (1) in respect of a claim unless
) Z% f! D6 f8 V' O# ^) G(a) the person making the claim affords an officer reasonable opportunity to examine the goods in1 o$ f$ _9 o+ O2 [8 Q
respect of which the claim is made or otherwise verify the reason for the claim; and
* J- G9 }: R3 L! u1 C(b) an application for the refund, including such evidence in support of the application as may be4 r: L1 `" W- l2 I/ p
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the6 c! D2 ~$ J$ h' L: Z. P# {7 z% g
prescribed information within
% X' x7 U3 e: ]6 j$ N(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
7 |2 g8 D% {. e8 S# for (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' N0 j9 b$ u" p5 k5 l% h/ N' c
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
$ U: P1 w$ w8 h' h7 L ?were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., k( @& S4 E* k; N
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
# G% |) K [, U/ g4 }( f Xthis Act as if it were a re-determination under paragraph 59(1)(a) if
* G6 \% p1 R; l(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied$ l: w- @( y$ @+ B
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 M4 L _' n; D0 u veligible for preferential tariff treatment under a free trade agreement; or
( f" H- _5 y2 c, e(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied h9 u" c4 L8 l M) Q% Z
because the origin, tariff classification or value for duty of the goods as claimed in the application is4 Y* Z) p5 Y7 z1 y3 K" k3 k
incorrect.
+ f- r) t9 L% ]3 y* n3 l, m(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ Y% z) r5 _$ y* ]0 g* D9 y1 k. C8 L
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 |9 n1 } h1 `; q6 j6 T1 x& T& V
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: G& V( |- r7 ?7 q( cwere a re-determination under this Act of origin, tariff classification or value for duty.9 r8 R9 q) Q6 F* F3 Z: V( j/ T0 B
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这到底是说可以还是不可以啊? |
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