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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
9 g$ M8 H+ H6 @) `! p上面说 非商业 进口 可以免关税?2 n# H1 z0 T3 n8 \2 y7 ^
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests* H; } T) G; c8 l* f2 q, K
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who. g& s2 n0 S9 V$ f7 o+ W
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part$ \7 S7 G2 x. a9 I2 N+ j( u
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
- h6 a( H, {5 n0 Z6 i(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; c @7 @ N+ K8 n7 x5 m4 M3 e
Canada to the time of release;+ K4 E& h) p( q; S; z2 Z
(b) the quantity released is less than the quantity in respect of which duties were paid;6 Y! k& Y) h# d: P: ?/ x% S9 C* A
(c) they are of a quality inferior to that in respect of which duties were paid;
} x6 F! a U(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 H; e* q/ F! s7 [+ i
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& N. d# }: X7 b6 e$ C
case may be, was made in respect of those goods at the time they were accounted for under* e* f; E- ^' f$ [8 Z( c
subsection 32(1), (3) or (5);& d: `6 m* \4 a4 @% f- A1 Y; O
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/ I \" c+ [& H' v; L9 ?7 X(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
/ ]4 X( L) {# R! z, G4 M9 R9 q( p3 ipreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 l% X7 ^2 l$ s7 W# |accounted for under subsection 32(1), (3) or (5);
" z3 A, e# {7 b* a( K2 [(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 c1 G* y9 s4 T4 N5 L# |(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
2 g& B$ m! t6 R% f4 lof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or0 }( ?+ R$ S# m. k
value for duty in respect of the goods and the determination has not been the subject of a decision
; D0 X J. A7 H) y) bunder any of sections 59 to 61;
7 J+ d: M9 X7 g6 k t0 x(f) [not applicable to non-commercial goods];
' n$ p6 l9 S0 a' y& Y3 [/ A(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 G3 {" N# U# a/ W: W0 G( G
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based6 y E; @/ c) p# n! y1 M% G
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
. s) ? c1 Y7 B4 @* ethis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).% U& z1 T |3 q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
8 R$ @1 O& {: d: m' Zunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ n6 N; j: }, L0 ?* Y3 o(3) No refund shall be granted under subsection (1) in respect of a claim unless" y1 x' L! ]. e8 t# R2 y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
, |( C2 A* z5 W& j% @' W) rrespect of which the claim is made or otherwise verify the reason for the claim; and) p* J# z$ E( y5 t$ h- O* o$ P: K
(b) an application for the refund, including such evidence in support of the application as may be
' Z5 w# K+ V# f3 ^prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) U0 x) G" _& S4 }4 kprescribed information within
6 ]% S+ ]" a3 `+ J; h/ F(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
. a) Q) \8 h8 f8 P, Z+ b- Y' g% ^9 for (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
4 n( F0 `8 b; U+ N/ a5 ~$ S(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
" n3 j! \$ U) l) xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., g* x. O% F m9 Q
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of- a& \6 a) @: ?8 R5 l
this Act as if it were a re-determination under paragraph 59(1)(a) if/ D, z& m) s* G) n) t: ?, q$ d
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied: d y: a* z2 d
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! l: Y7 w% [6 i( J" P
eligible for preferential tariff treatment under a free trade agreement; or
/ h" v% \" n3 X# Z3 B- n3 T- _* `/ s(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
& k; O; A( c8 o; J& g. Y X; Q$ lbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
* |% t, u% ^' r; m4 ~incorrect.
' K# U! [0 c: P8 M(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ k* Z% `% M; x* V
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground7 X! O" ^! s; R! V! Z7 x
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# O4 U; ?; m% k# A) S4 Q5 {' @4 Y
were a re-determination under this Act of origin, tariff classification or value for duty.
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$ }0 D- R U3 v v0 t3 G8 j. c$ ?这到底是说可以还是不可以啊? |
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