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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
: [2 Y4 G l# j/ h& e$ U& j; l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, a l/ v- P$ E* u6 w6 Z3 o
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Refund Requests( H& |/ e" W6 Q9 V
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
9 _3 s" b3 a# D# @& f6 j9 n( lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 g" y0 O& k( F$ Zof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
s/ T) }' {% T# U/ y(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
- ?7 B# `# b% M- T& A$ eCanada to the time of release;
% D" D5 w1 ^4 c, e4 R/ Z5 X' D9 h(b) the quantity released is less than the quantity in respect of which duties were paid;
- `' H* W+ W; q" P6 F' C: W(c) they are of a quality inferior to that in respect of which duties were paid;
7 h B9 j8 @3 W0 j(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential9 v! O) F- a$ Q. H# A* k
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( D. j3 J% f; E3 icase may be, was made in respect of those goods at the time they were accounted for under! u3 w* _6 m t: x
subsection 32(1), (3) or (5); |9 K4 z+ ?- `0 V' h0 L
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
2 c1 @ v% u5 M/ `$ | Wpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
9 x1 X2 I: D0 X* gaccounted for under subsection 32(1), (3) or (5);
G' u$ ?# i& l; l# E8 j(d) the calculation of duties owing was based on a clerical, typographical or similar error;* F- U/ o$ p- E2 d
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 \ m. ^0 H) t9 A' [
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or) U/ z5 P* T; y$ k8 _4 `+ p
value for duty in respect of the goods and the determination has not been the subject of a decision4 y. A" k# N2 b- v8 q
under any of sections 59 to 61;
6 Z9 V) }7 B! B7 h: p. H, N& d, e% S(f) [not applicable to non-commercial goods];
) F( k a( _/ u7 n% w(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 R+ g1 X, H" I- v" |0 _% F
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 `' U1 y4 ]! T$ R- i0 ]: _on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ C& m) p$ L" M" o
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
5 i4 S; B2 F" w% K* \2 @! L. A(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
+ V. s% Q8 Y2 yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) f v# F7 w5 Q0 F(3) No refund shall be granted under subsection (1) in respect of a claim unless
' t, X# y- V" }2 B& e) Y(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
, V% K' b& N' H; xrespect of which the claim is made or otherwise verify the reason for the claim; and4 X, \9 d9 k0 m9 a0 P c
(b) an application for the refund, including such evidence in support of the application as may be* C1 u( ?) M; g, G: R* L4 \. U- D4 f
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the- l8 z* k: T' `9 |+ q- ]
prescribed information within/ `& i/ H% t' ~: x, v
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)3 X* D4 g, n0 I* T" c' j
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 a, e! w% i4 _! r8 w
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
* S' Y2 N7 }& q$ E9 u4 e! H9 A! bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. w, A% m3 |4 P% J4 f7 T( p+ @* c(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 A5 G: m2 I! x6 x ~% v
this Act as if it were a re-determination under paragraph 59(1)(a) if& y0 v& }% f" F: T& I8 v y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, R- [& Y. w- f7 |6 W
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& K" M* z! s$ X& n7 |' X% s
eligible for preferential tariff treatment under a free trade agreement; or
+ x H6 E, p0 g3 |% L(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% S: g: a- ]$ [; L5 x
because the origin, tariff classification or value for duty of the goods as claimed in the application is
7 `% S1 C9 W0 ? {+ Mincorrect.9 z! C; _9 n# j4 g8 r
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
! B" `$ Z( H3 S' X(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
K# L U4 o' L( U5 Cother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it- X( q0 r" S K% p
were a re-determination under this Act of origin, tariff classification or value for duty.
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9 S" F" @6 q% R1 V7 L4 Z. P这到底是说可以还是不可以啊? |
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