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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
# }+ U) S1 v! d' W! t) B: `8 I* N4 q上面说 非商业 进口 可以免关税?
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8 T+ Z3 B* ^' L$ F9 v9 r! lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 M" o7 `5 l' g2 e; M, A/ a; p
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( ]1 A) \0 C3 X: t" bRefund Requests
. q6 q s# |7 d* N, h' w74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who0 h6 F" h0 O e& V/ x( R
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' H7 Q) J, `& K! ?/ ]; D+ E1 W, K
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. v) N( G9 ^4 O/ O; \' a" }(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* K+ U+ R+ K) t( OCanada to the time of release;
; n* H" k. E& X8 t2 A, |(b) the quantity released is less than the quantity in respect of which duties were paid;9 g! Q8 U3 k/ z' z% M, @
(c) they are of a quality inferior to that in respect of which duties were paid;0 `5 b2 } u" }% s O: A2 n R* @
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) ]& o6 k! k0 j" ]( wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; h! w0 T$ O h. s5 B. P: [7 j2 d
case may be, was made in respect of those goods at the time they were accounted for under$ y8 D) V* S. o9 b7 N! N2 }
subsection 32(1), (3) or (5);: s5 r$ b5 m/ ]
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
2 z8 m7 {1 f+ |# o* Tpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are1 |4 |8 u! ?& A4 q2 a0 T
accounted for under subsection 32(1), (3) or (5);- c" {6 X% H, m$ ]0 [" [
(d) the calculation of duties owing was based on a clerical, typographical or similar error;. e4 K7 t1 @7 f1 M; E4 L
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
/ S& q1 J6 h/ ^2 m! B8 J& p0 yof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
( |' T, h. o) q6 Ovalue for duty in respect of the goods and the determination has not been the subject of a decision
4 E# h' W2 a/ A4 {7 A' ^' q. Kunder any of sections 59 to 61;: q4 W) z8 f& |& |4 ?3 s
(f) [not applicable to non-commercial goods];7 t/ \ M9 y" G' m8 G3 ?
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
" O# f- B7 |2 D2 ]) g6 w" K! _(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based( w: {/ h+ _% G a
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 N0 X) R, z1 h0 @. Ethis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; f1 H" ] U1 s" _. j
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim% F8 z( ?* M4 j/ f2 G) m
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
7 | M+ n, S3 E+ K9 `4 c(3) No refund shall be granted under subsection (1) in respect of a claim unless
T3 S% M4 R3 S# Q8 J2 \(a) the person making the claim affords an officer reasonable opportunity to examine the goods in o; y( S6 b2 r. b# d: w: i2 j7 F- q
respect of which the claim is made or otherwise verify the reason for the claim; and; J! B9 \" j- I: [3 Y, D
(b) an application for the refund, including such evidence in support of the application as may be
) k. j! y4 B) k9 ^, i' F) Yprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
( I4 d: z) F. ^3 m2 eprescribed information within
8 Z' s+ g2 W5 H( x7 `(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
+ l, c# {! Q4 b9 B" s/ O, p+ For (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and I* A, i, }4 E2 E4 n' K
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) [' J2 ?2 Q& ~& _were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.; v; [( ~4 t& u }
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 o" L% T3 z( l+ k2 n. H2 S8 N
this Act as if it were a re-determination under paragraph 59(1)(a) if& j9 ?9 m0 i9 V; N
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
; j% d7 {: d" r3 n: }8 Obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 j+ [9 B [0 A) L6 z5 Peligible for preferential tariff treatment under a free trade agreement; or
1 N. _5 Q4 e; { ?0 m' g(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied# \- F- A/ b3 Q0 c: `* b
because the origin, tariff classification or value for duty of the goods as claimed in the application is$ `" M; j# T! K
incorrect.2 v' f2 p9 O1 v
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),6 ^/ I% u( d. |, o& \2 Q0 C- [
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 `+ F% {' H. R- P& L+ c
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
; q6 { k% Z" rwere a re-determination under this Act of origin, tariff classification or value for duty., F+ F8 k. b- q- T0 h7 v5 n
* Q- O$ K# G9 H0 \- D6 ] G" n这到底是说可以还是不可以啊? |
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