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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
3 o2 \% C9 j' ]. Z3 ^上面说 非商业 进口 可以免关税?/ d+ i# U3 n* @, J5 D
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% Q2 ] K7 B; ~5 [+ @# k! Z, |http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
% ?! w S+ k. ?# Q4 A74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* l' G7 t9 e$ N; b) U7 y6 Upaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 f( L; d3 ]4 P% |! {0 ]
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 }) M5 e9 _6 \( k4 ^+ S+ P6 w
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
/ }+ Q2 V. u' R- RCanada to the time of release;
' m# T2 v( h" T1 l; m# \, l1 q; f# m(b) the quantity released is less than the quantity in respect of which duties were paid;
/ @# y3 d3 \" j% H4 \9 G(c) they are of a quality inferior to that in respect of which duties were paid;
7 Z) N2 Y% T* U$ H(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
6 _' A9 Y& H5 Qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 ]) V1 `; \$ pcase may be, was made in respect of those goods at the time they were accounted for under
" H* J; _/ q& K/ G3 isubsection 32(1), (3) or (5);1 x; s4 ^: t& I& }7 Y. _8 ~( E9 ^7 ]
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5 `' d' s) J& }/ x(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
, U, o+ |' A' L) r: qpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
- W9 C& X$ v- V# P+ oaccounted for under subsection 32(1), (3) or (5);
+ K0 U8 k; d: Y; p/ V(d) the calculation of duties owing was based on a clerical, typographical or similar error;# a3 E+ v8 R E& H6 k" l. P
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
3 F. @: \- Y! W" w+ u8 d7 T& Z- J* sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
" q; i: ?. ]% P( `. Q& yvalue for duty in respect of the goods and the determination has not been the subject of a decision
1 Y$ Y' g4 }* X4 A3 C, n: Nunder any of sections 59 to 61;
/ }1 x7 V6 T, l. o# ~* R(f) [not applicable to non-commercial goods];
* v5 s7 ?1 G* G2 a(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 T/ l5 n: N% m {/ M' C% i9 |2 i
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 L, B% g0 D+ |' \8 Y) hon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of* v6 H! e _+ u3 h
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
& Y/ P( T, C$ A& ]7 i(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# e8 ~$ l! o- N( _& A; }* |
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
3 a0 R# l- m0 |) g Q(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 S V6 ~4 w' Q! ~0 R+ P% T8 B) d(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
0 {. W* X1 t# s) S( j* B, xrespect of which the claim is made or otherwise verify the reason for the claim; and
) @$ n& E9 j$ ~. P% Y4 h(b) an application for the refund, including such evidence in support of the application as may be( l% C J- U) `& b1 @
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
% b2 S: ?" [8 `# b E+ C: n: i% aprescribed information within1 m% a$ \. H0 u/ M0 v# w
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)5 d, p. \6 k0 u" T* w
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 O% F8 {) _2 \, R6 _" ]# v
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods" i6 H! x; m: Z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.! T8 H+ R3 c# {1 q0 b
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
4 V: o' ~, n" k$ y" Ethis Act as if it were a re-determination under paragraph 59(1)(a) if
% S' c; C9 _* E2 e5 r# Y: X(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 u( w) Y# g- Mbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* w0 I3 p4 d6 F _ @
eligible for preferential tariff treatment under a free trade agreement; or G* a4 j# J$ R. c( P6 r& i
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 c a- C" } a' T* T1 X& d# ~
because the origin, tariff classification or value for duty of the goods as claimed in the application is3 V! R1 V6 x& z( `% V
incorrect.7 e+ O6 N- i/ [6 D1 h6 P. e: z( P
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e)," f5 Z& {; T$ n- L/ n. {5 M
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
- s @% G/ @. O( zother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 }3 _! f( Z; ^6 h; r' |
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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