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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' U. G: H) y( H. j5 j上面说 非商业 进口 可以免关税?& m; H f) P) V1 B) V$ r, K" z
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0 D6 U$ b- }$ C1 c$ T. I- x4 ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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/ r0 |- r( L- p. WRefund Requests @% t/ U/ n" n5 ^8 p- `
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
% k1 I& O& I' C' P8 cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ d, t `& Y7 A7 g6 F
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if( v8 }8 f; j) ~; |
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
' i; ~( p( P8 M: p8 |# L9 \1 TCanada to the time of release;! W" D9 R- ]$ g! U2 r9 v
(b) the quantity released is less than the quantity in respect of which duties were paid;
2 U) M6 b' |) Y! J: o T(c) they are of a quality inferior to that in respect of which duties were paid;0 G' Q, N# l4 a& x6 s, h3 Y5 ~" }8 S
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
7 Q4 B! y2 l0 `4 d ntariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* Y- o8 H Y: a( Q. Y8 A8 \% M# J2 hcase may be, was made in respect of those goods at the time they were accounted for under9 I1 Q& A( M0 q# k& ]7 G+ B. u& s
subsection 32(1), (3) or (5);
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/ e* ?9 |+ C) m- r0 {8 [" S- j(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
8 o% ^4 ?% c5 O2 Kpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
! X: y( ^6 Y7 c' i; }accounted for under subsection 32(1), (3) or (5);
6 j- b, U0 y& w4 W8 E(d) the calculation of duties owing was based on a clerical, typographical or similar error;
W# a/ ?4 D- Y# R(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 N/ ]8 P) c0 [1 q: nof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 ]3 p, ~' h; m# W9 d0 I! G0 f+ Evalue for duty in respect of the goods and the determination has not been the subject of a decision0 |1 V4 K; N2 ~+ A" `
under any of sections 59 to 61;
. d! A* K1 `9 Y( d1 `: P' D(f) [not applicable to non-commercial goods];% I8 `# H/ g# C, K( r
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- M9 ^. {* i' d9 R) k8 o' a(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( C, [+ i& S5 I. `! W+ D7 q0 f; non tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ w0 i% P/ U9 S* D
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a). x6 I7 E2 g+ ^7 v
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
1 ]2 J/ x8 m' e5 k s# Tunless written notice of the claim and the reason for it is given to an officer within the prescribed time.. C* e6 x5 i0 |/ |
(3) No refund shall be granted under subsection (1) in respect of a claim unless
5 v: F B1 E B; r(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( R4 Q+ g0 j$ L5 t7 u/ _$ P
respect of which the claim is made or otherwise verify the reason for the claim; and
& O; F$ _' v8 t5 ~- _* o5 C(b) an application for the refund, including such evidence in support of the application as may be' i. T8 v; J5 R% q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 f% ~: u6 y0 |
prescribed information within
# e+ z. f# Q7 O& ]' ?(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)9 P6 g4 S# ^* V
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
. L* S, X* X# }7 |- F(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ g. l5 @) G' S% Y: J
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
8 F/ Q: c8 ^. t N(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; \. e, T! [0 y& V0 k" Wthis Act as if it were a re-determination under paragraph 59(1)(a) if
L4 H# K! Z2 j5 ~' \- @. k(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied0 W* s( Q9 [8 o4 h; B: Q2 D1 e
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. p5 ?1 c' r7 f( e1 deligible for preferential tariff treatment under a free trade agreement; or
8 a: j; D. F/ B(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! X' b! D' x1 L+ z0 jbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
# `; _$ A9 D. {$ r2 r8 q1 zincorrect.
" `' k( t6 m+ t8 e4 v( y$ S9 b(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
; l3 g* H/ P( |(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- N$ r H" g5 {! B5 u
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
# L, u; _& N4 ?' f7 L8 _2 n. vwere a re-determination under this Act of origin, tariff classification or value for duty.6 U/ u& X+ t# v' e! O. w( r) `
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这到底是说可以还是不可以啊? |
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