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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
/ `6 ^) v8 [& f3 P! D上面说 非商业 进口 可以免关税?
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5 [" W" t; e: z( M' \ lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
; F0 K* Q( g; r8 Z7 S74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who% p0 Y) ]0 J% {% z$ w1 r2 e
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
, L- I6 t$ S8 p' T6 j5 ]2 j9 hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if* C: \2 q2 `2 L- ]' y ^
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& M/ u: h T* I# r$ A/ J1 F& y
Canada to the time of release;* ^" s+ R7 @2 u6 d! x
(b) the quantity released is less than the quantity in respect of which duties were paid;8 E5 S- K; Z: u, ^$ D
(c) they are of a quality inferior to that in respect of which duties were paid;
+ b3 i: s$ }0 W( r4 M) C(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential' i0 S! N% l- \* R" A! w& Y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* n; f$ u7 \8 p' V# rcase may be, was made in respect of those goods at the time they were accounted for under
K+ u2 c, y' q: l0 K) Rsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for1 y) z$ c7 `$ g. z/ k
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are: r+ j' Q* u3 Z8 r4 W
accounted for under subsection 32(1), (3) or (5);
8 Z l1 G' |4 |4 D1 z(d) the calculation of duties owing was based on a clerical, typographical or similar error;1 ?* |& d/ m/ n/ ?* B, [" N
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 b5 p8 }: ?. Z. |
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or& n+ V; ^6 |3 @ ]) B% S ~
value for duty in respect of the goods and the determination has not been the subject of a decision
8 d0 [/ I |4 q# T" \9 Z0 Y4 ounder any of sections 59 to 61;
9 \- S" H, R1 o1 T(f) [not applicable to non-commercial goods];0 v' \ q# H6 Y& ]
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
3 P' U1 b2 P- C, Z, a) @1 ~ M(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based/ K1 @6 j! I3 N, B
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: O+ s, j4 z- F3 i7 Q* X2 R0 Zthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. O' ?# w; u* r# w9 X
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) h# @4 ^, E& D! {/ Ounless written notice of the claim and the reason for it is given to an officer within the prescribed time.' s1 _+ g( z3 K& G/ F. _
(3) No refund shall be granted under subsection (1) in respect of a claim unless$ \* p" w$ d6 a7 T" M9 d; x
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( u1 ^" L Z9 q2 T: w) A: C
respect of which the claim is made or otherwise verify the reason for the claim; and- g f3 D( X' w1 n4 C
(b) an application for the refund, including such evidence in support of the application as may be, p6 X" }. B, ^
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& Z9 A2 q9 O8 L Z! Tprescribed information within- K# r( K9 p* W1 Y
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
4 |8 k1 F9 W4 I7 \7 y- b5 r/ eor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 f6 b: V! A/ a T% y2 [(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; T, x: r2 i. J' o" E% _
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
6 I Y8 A$ E# S4 u/ l! w(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of1 c* u4 ]$ n) X" T* @
this Act as if it were a re-determination under paragraph 59(1)(a) if
- @: H& @1 z1 s3 O(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; T0 V4 `1 S. ]6 z" V5 H
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. Y) S0 }! }1 n0 k* geligible for preferential tariff treatment under a free trade agreement; or
5 r6 T$ B4 \/ M, e5 g9 |# @(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: y2 w: ]' v K7 \8 L/ Obecause the origin, tariff classification or value for duty of the goods as claimed in the application is/ @+ y, J1 B, R9 ?6 ]1 S9 K
incorrect.
$ h+ [0 V- q! ~8 N1 c- ^(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),. b. S3 G0 j7 a" Q: X& u6 W4 `7 L
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' k& A; Q3 l& S0 o4 Cother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
$ e# {! h/ ^1 k3 N- {: ~# mwere a re-determination under this Act of origin, tariff classification or value for duty.$ j6 ?2 K* p; ]$ C. e' J9 d/ ~
* \! u6 W1 `% e8 Z! O2 g这到底是说可以还是不可以啊? |
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