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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
2 o9 r, E& g" P9 V9 `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! V2 p* r% o4 E# F& |( Z7 c
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Refund Requests
( s+ J' u8 q! {/ P8 B: l7 [+ y- R% o74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
T" S& C) O4 y6 U& u9 u% ipaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part9 S( h2 N5 S2 r8 Z
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
) c' B' v7 s" _8 i( p" n, o1 C5 p* y$ X(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 L( m, S% F6 a& U7 x" v: mCanada to the time of release; m7 l' {0 z+ E
(b) the quantity released is less than the quantity in respect of which duties were paid;$ n+ Q6 r O, J- I7 c0 ~/ M* s# g
(c) they are of a quality inferior to that in respect of which duties were paid;
1 T* s' Z% Q8 Y: V9 N(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential" q) X* a/ D0 d: h2 D
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 {7 y+ x9 b) j" l0 Z' ]5 ocase may be, was made in respect of those goods at the time they were accounted for under
- y0 j! G# i0 Y" e8 fsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
& U( s+ r" p" T5 r+ o' c+ Ypreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, v# A) M( t P/ u5 c- N( eaccounted for under subsection 32(1), (3) or (5);
6 ?% x5 T: \' z) i, O# N$ R(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- ?2 ]& `# y) ?" O(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)# C4 y) W _% C2 G0 y1 g/ T7 i
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or( Z# Z2 t) X. U# _
value for duty in respect of the goods and the determination has not been the subject of a decision& o1 ?# e. L* v2 N, U- x
under any of sections 59 to 61;
& d8 u0 _+ ~) ~( t: b* P(f) [not applicable to non-commercial goods];
- _. @0 g/ G- c$ W(g) the duties were overpaid or paid in error for any reason that may be prescribed.+ g {5 Y! c. x. c& ^! M" R. f7 b
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
+ i% u6 t- `/ o7 O$ l" G3 \0 pon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
0 Y2 K$ j; i& Gthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 a( g5 b2 ]- _& s% G(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
% d, {9 {# H3 j/ eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 u/ \' S1 i+ Z6 I* E7 Z& ]" x# J(3) No refund shall be granted under subsection (1) in respect of a claim unless' g% u B4 e: I% X
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in- P2 [ `& x- ?- q: E5 G* T
respect of which the claim is made or otherwise verify the reason for the claim; and
! f( [ P1 E8 A(b) an application for the refund, including such evidence in support of the application as may be# O2 `9 u/ W. x' v
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
' M* n* R1 m* O) y# Eprescribed information within' i* S. n% p" Z. f
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) _9 X3 ]. p4 J% `+ M. n' z @
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- _ ~) ?7 @' p+ `+ L9 u(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ P+ P, o& r; M3 s6 }
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
( Z2 W4 }) R6 B- ]! }3 O0 g. P(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; A( j! ?: e( Z
this Act as if it were a re-determination under paragraph 59(1)(a) if
9 z* L" A, X: w6 }" L(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
, J8 J+ l. K0 d% z1 |3 y6 Wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
; o' i- E( i) {2 u: u8 k9 |; r% Qeligible for preferential tariff treatment under a free trade agreement; or
( z: N' ~6 e0 n. I(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. O; v& `6 u+ V3 s3 V* k6 C
because the origin, tariff classification or value for duty of the goods as claimed in the application is* S3 W, ~8 U, X) M7 v6 P) O
incorrect.
) @' M& y" V- W/ _$ |(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
8 n" g5 s( h& |) k2 J8 h; z(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: Z. E! B' C$ [3 M: k) l
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 L/ |- v$ |- q& D* swere a re-determination under this Act of origin, tariff classification or value for duty.
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8 I3 B1 N9 m! v9 L) z- n这到底是说可以还是不可以啊? |
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