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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 s2 V' Z9 s/ s# n i: n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$ e# x6 ^1 e8 X* Y: P
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Refund Requests
* Q: P8 D9 {3 g8 I74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
; G' R) f6 s( u+ J1 [paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part) I: p; K% M8 g
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
( P1 J& E# G( p4 D2 T(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 [7 a6 C( }. C \; t ^0 tCanada to the time of release;; J$ _4 V8 J- \ {' E5 @. a' F
(b) the quantity released is less than the quantity in respect of which duties were paid;' p1 @! B" |' _
(c) they are of a quality inferior to that in respect of which duties were paid;7 ?' c/ G/ H8 a! H
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ g2 S' B! L8 @: L, ~tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
3 G! ^) |8 d2 L- h" y9 Hcase may be, was made in respect of those goods at the time they were accounted for under, x! ?. `0 o0 L& D- C8 [
subsection 32(1), (3) or (5);" e4 g" }, k0 W/ z- p5 @
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
; {) K& l) o: }2 Y& bpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are; k: a, E: X& E+ F& [
accounted for under subsection 32(1), (3) or (5);# [ O1 b$ n( {# |% H1 E* z7 Y
(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 C: h- m" z. K3 U
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
) ?+ c- W! o T6 _of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' O& J- V, ^/ f: ]value for duty in respect of the goods and the determination has not been the subject of a decision
; N8 F/ ^" L& q* eunder any of sections 59 to 61;
0 i0 X0 ?8 C) H) _+ }(f) [not applicable to non-commercial goods]; p" M( y; X1 W$ e z
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
! b# N& ~; e. j! E(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. ]4 }* `9 f& V; j ron tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of# C& s5 T6 T7 j
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
: n6 F9 n7 R6 n, ]7 Y(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim0 }; r: z0 j; N s
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.5 s2 l" M* f% T
(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 p9 U6 G ~, \8 ^(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
5 t1 m$ E! E5 n x0 X( `' G* krespect of which the claim is made or otherwise verify the reason for the claim; and7 {, S1 Y6 h( n! E' U
(b) an application for the refund, including such evidence in support of the application as may be
$ @+ C. G8 t5 w5 Iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 N/ L0 X0 X4 F$ a5 U' Y) U
prescribed information within2 e# R9 w8 x" O& W$ k
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 _6 E+ j0 u* L; E+ tor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
" G5 g! H( o; `. I0 n(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 o1 a9 e; N0 l, a0 K6 q" }. o
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
" x8 J/ Z3 v4 V; }(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- T* c R* V# e& J1 ]4 u' }% Tthis Act as if it were a re-determination under paragraph 59(1)(a) if
2 z) N: L, C4 f(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: ~4 b2 c* L& d" _because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
a/ U, p4 J1 G+ _8 v2 Peligible for preferential tariff treatment under a free trade agreement; or7 z1 i P. F9 i0 l! X
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" E0 H) F0 T3 c) X' @because the origin, tariff classification or value for duty of the goods as claimed in the application is
$ J6 r2 X4 Q7 o, Cincorrect.4 i0 q% o g. Q( |( N6 B
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ T: {* u/ B3 K9 l: L0 \(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 h2 ~1 e1 z5 g, U! Jother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 d: J8 S. L7 W; @* P2 Jwere a re-determination under this Act of origin, tariff classification or value for duty.- ]( |% }$ L3 f
' _4 S- f, ?, s) d6 G9 T这到底是说可以还是不可以啊? |
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