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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
9 c2 _) Z8 Q) `上面说 非商业 进口 可以免关税?6 f* a! a# f8 a8 { p2 O
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. X" u" U; ]6 ]. y' zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 h8 d7 O! e2 w' c5 D$ z
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Refund Requests6 j- V/ m; k3 b4 c2 t6 F
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% W5 P, g5 {5 C! `$ P$ ypaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" U* i& w* V1 I0 ]2 i0 ?7 {
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if- ?: E( L. e0 N9 r2 [3 s
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
+ Q$ h6 O" t0 w* ]5 {Canada to the time of release;
4 X% z5 j* u. S2 X: E# w(b) the quantity released is less than the quantity in respect of which duties were paid;8 W* f8 Y* x/ ?+ K4 N/ c" O
(c) they are of a quality inferior to that in respect of which duties were paid; g. K: Z7 h) g0 C
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
1 n# C0 N% l z3 [# t3 `9 utariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
; O: _4 s8 H0 U+ Wcase may be, was made in respect of those goods at the time they were accounted for under
! [+ }0 _4 ?. \, F: L" w1 y, Dsubsection 32(1), (3) or (5);2 _7 C/ y0 m2 h; u' n! z2 e
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" o. V9 l) W4 d" H) [& V(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for, a3 c1 ]; D7 \0 x6 V: U& e! G, _! |3 I% @
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are* A$ j, X: X% g# J3 `1 _1 ?! h
accounted for under subsection 32(1), (3) or (5);
3 r+ A. p/ R s: G* v(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 Q) F. B4 ^! F- ~6 N! w: ]
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ k5 w( N; f4 u; w! g- ]; eof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or0 _7 v5 q' s/ w$ O4 {5 |
value for duty in respect of the goods and the determination has not been the subject of a decision R! V$ e+ }% [! h% [- S8 P
under any of sections 59 to 61;$ a, T; q9 C% C/ x [1 c
(f) [not applicable to non-commercial goods];
0 b, r+ M, U/ |; b r: H8 |(g) the duties were overpaid or paid in error for any reason that may be prescribed.' w- n6 t3 k/ k
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% n1 K$ m3 N A8 a. P: g% G5 ~
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 U a4 w/ }1 ?6 Cthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; x5 H9 Z! T; i(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) k$ K5 c n0 P0 c% hunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: I/ \1 G0 }, p7 P2 m(3) No refund shall be granted under subsection (1) in respect of a claim unless; i3 v4 \: w% J! M8 }
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in6 n" y2 }5 L% k X6 j5 T
respect of which the claim is made or otherwise verify the reason for the claim; and2 @7 P9 s) ?6 r% N/ H$ M" h. w
(b) an application for the refund, including such evidence in support of the application as may be
' M0 l" M& W$ Q1 rprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
; _6 o1 t; v: t! S, }, h. Lprescribed information within' b1 _1 I7 H+ b4 M
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* M1 ~) D1 T4 j( q5 |1 v8 B- t
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 b5 v, U' P9 X& p l
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& c2 u4 m$ g& |were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
: a" x# I* v+ U4 Z! ?* k }(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
/ b2 `3 S7 f. X2 Ethis Act as if it were a re-determination under paragraph 59(1)(a) if% }/ ~& k" V' O; i
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied5 G4 i q; B+ T/ _/ I
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 j' `" G: V# B9 p% u. @eligible for preferential tariff treatment under a free trade agreement; or
3 A) h9 q" m6 A(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
o' _% [, u0 ^* s0 P. a Zbecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 j. v6 O U) g, ?: d" H. n
incorrect.2 A4 x7 ~. A* G& ~9 F
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
9 K" C1 c; } f' \. K(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
9 f! `6 B0 B/ y3 lother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
" f) v3 v" t1 S/ |# E1 _were 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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