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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations6 A3 L6 V2 U- B# |; M
上面说 非商业 进口 可以免关税?, F" t% `' ^6 A" C2 P& h% U; P
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf# I9 t1 V- o" p9 h% y
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Refund Requests
* a6 z2 t; o' U8 U5 x74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# C4 Z) z+ H4 w n0 J9 Xpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
$ ?! o+ O' T6 ^# K- n7 Mof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ S/ r3 [3 z6 [( Q! e/ Z. d* b(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 D& {: \- N. N" ~' T5 KCanada to the time of release;
! h' Z! h$ a9 h6 I. h2 Z1 r# A(b) the quantity released is less than the quantity in respect of which duties were paid;) V4 L8 _2 ~' T$ S; f
(c) they are of a quality inferior to that in respect of which duties were paid;
" J. Z% V7 T1 ?5 @ h4 B7 U ]* B(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential7 ]1 M1 w5 \, V3 Z. m: m/ X: ~
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the2 _8 N9 d4 j1 {' g3 ?5 Z( U
case may be, was made in respect of those goods at the time they were accounted for under
' k+ v* z6 c, r/ Jsubsection 32(1), (3) or (5);
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5 Y6 X. G& H$ N4 H7 D0 G(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for, r/ \' f; ]& O0 y/ w1 n. A
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
4 c. [$ Q9 q( o0 A Z* f0 {2 A* Eaccounted for under subsection 32(1), (3) or (5);
( Y0 e. ~4 k' ?1 X' B8 s: o6 {(d) the calculation of duties owing was based on a clerical, typographical or similar error;
* W) k) ^8 L Z( b) @" Z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
- }4 s3 R2 b- M1 a/ F dof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 h* Z9 `; k. c4 \( S
value for duty in respect of the goods and the determination has not been the subject of a decision- h. M: [4 e. F; G) G
under any of sections 59 to 61;
! B8 A: }' b8 I) H% |(f) [not applicable to non-commercial goods];
. K- I$ U1 [2 C5 T) o+ |(g) the duties were overpaid or paid in error for any reason that may be prescribed.
8 P! J) c2 ^, k8 Q; W& z(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 p3 ]- t; \7 H+ fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ _1 G& A# r$ C/ \- k3 q. \
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
" V9 z r; j7 p: d(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim$ C* u, {2 }) `" k9 E
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.4 X8 Y! C6 o& b+ }1 p
(3) No refund shall be granted under subsection (1) in respect of a claim unless
' Z$ f' B, C; v5 B" R) y: N( u" f(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% c# N% L2 c j8 d o- F! i- D
respect of which the claim is made or otherwise verify the reason for the claim; and
% y0 p. r" ?7 Y7 A, U% \( L1 y7 W(b) an application for the refund, including such evidence in support of the application as may be
: ?9 @$ W1 w9 d: `, g( r1 T% w8 E: rprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& K5 ?- N" d' y# A: g
prescribed information within' f. C6 k3 b2 F0 T/ ^
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)6 l8 f/ z- ^5 a* p' \
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and& j* Z! Q! D8 z. F/ q- v* s
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods' t+ I$ u3 C# X d" d
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
5 e, d1 o7 W' G& a( [" `: V(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
1 m5 I' y& M! p9 bthis Act as if it were a re-determination under paragraph 59(1)(a) if
: w4 O& F3 m4 ]4 q3 d3 S6 Y2 G5 a6 d(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
8 \ E3 x$ ~7 e& K" Sbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not, v3 U0 S( P ^' s
eligible for preferential tariff treatment under a free trade agreement; or
& d; u+ c5 u- T1 y% W(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 b9 H: v& s3 \" \0 @; I+ Lbecause the origin, tariff classification or value for duty of the goods as claimed in the application is& T% g: `; L P9 K
incorrect.
% Z) t& E! U) n4 c' S(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ I- b0 V/ u5 M% }
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
( K% @6 @' d6 Bother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it9 `6 y, q: k- ? Q+ \9 J% k4 R& {* k1 d
were a re-determination under this Act of origin, tariff classification or value for duty.6 n3 \( ^+ S* t$ i
6 }. o* @& W0 l7 C$ @! X3 A& _这到底是说可以还是不可以啊? |
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