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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
4 F" y: @5 ^1 P3 y. `( X8 ?9 L( l上面说 非商业 进口 可以免关税?
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3 ^2 t& B) d* P3 o/ chttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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; e2 ~5 T! [3 |! o' ORefund Requests
/ y! W# [1 V' n# y* L+ e- S74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 l9 U6 O+ J+ l# s. L2 M
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) I6 x. v1 e6 ~. B5 V1 i* ~of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
# @& o- e4 j% `* Z# m(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
9 A3 I% Q3 z& Z: \+ K: w F; `& yCanada to the time of release;! N/ G( u) \# N/ c# B4 U' a- V
(b) the quantity released is less than the quantity in respect of which duties were paid;
' O: w3 A, o' D0 j1 Y(c) they are of a quality inferior to that in respect of which duties were paid;6 I+ F* |/ c- p( i
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; b9 ]% B( Z5 Z6 ^5 F+ G: V# D
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
9 S0 {+ J6 E% Q( m2 ncase may be, was made in respect of those goods at the time they were accounted for under
7 c0 o2 ^8 \) Q- U: m' \. ysubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 n; I1 o w% v3 v5 v/ F# A
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are- {* h5 k9 ~( T& ]- \2 G! ?1 P
accounted for under subsection 32(1), (3) or (5);
# E4 g; P$ D5 H* X' T1 I(d) the calculation of duties owing was based on a clerical, typographical or similar error;
9 G. \+ q6 b. ~: Q(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
" e, ~. i- ?/ H- k% z( @of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# K0 z7 j8 _0 W" {8 Gvalue for duty in respect of the goods and the determination has not been the subject of a decision5 C1 p! \% g& d7 r3 v
under any of sections 59 to 61;; b) i1 {% v0 S4 z
(f) [not applicable to non-commercial goods]; r+ B, @! b! B; q% e
(g) the duties were overpaid or paid in error for any reason that may be prescribed.# K! Q" `$ \3 B$ u3 Y* y: [
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# l( m w) r3 f* ]) ^
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of1 q6 W! ^, @4 Z, X+ Y) W% z
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 p: D# Y4 b% {(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim7 E: v( J" f! Z' g9 h
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 ` V! K, {1 I* M/ J, b1 P(3) No refund shall be granted under subsection (1) in respect of a claim unless
, j; d# y9 A* L3 D( K: h(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
8 V5 A; W M' S! |$ k6 V+ Vrespect of which the claim is made or otherwise verify the reason for the claim; and
) F9 M, r0 R: U! @+ ?, H F(b) an application for the refund, including such evidence in support of the application as may be
( ^% t2 q7 d3 ?8 F- Aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 D& Q# L& o) z* Q0 f! W
prescribed information within
/ K0 B% a8 W6 L7 G1 J(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)- W; Y' e* {. [% W( K5 H$ H2 o
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and& ?0 |4 v' S6 N
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
# X6 M. f3 l7 A; w9 a0 I) J- Owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ l* [" A4 N' y, q6 O: P, c' n8 S8 s
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 _) g7 C& O4 A) Z" G
this Act as if it were a re-determination under paragraph 59(1)(a) if
5 z& }4 ^9 O5 B: L8 J" W3 `0 h(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
' X- P5 Q( s2 n+ ?because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
) A& p1 {: v! g; d v1 Qeligible for preferential tariff treatment under a free trade agreement; or% G. B0 T4 W, H# |0 g, ]; I0 c7 ?( v
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% @* @$ T$ t. ^" U
because the origin, tariff classification or value for duty of the goods as claimed in the application is4 R5 D! z: h1 |0 G. O
incorrect.2 D% n5 M9 P3 ^
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ L3 X0 x5 N2 i2 w r) n& Q
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* A4 c4 T; m# tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
0 c% P T" U" j; M( c Z6 r4 Kwere 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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