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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
9 L. G! o, x0 \上面说 非商业 进口 可以免关税?
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; W k# i( x7 u$ J+ n6 Whttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf2 q6 S$ j( y' `
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% f1 m* w9 j( C E# j: CRefund Requests: [) Q+ N- `6 Z- W6 P# `2 `
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
& L- p( L) I1 O7 Z- Spaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( N# n3 x4 s: O; k. Y
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if0 P: |/ Y( G3 a& C
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ `4 S! q) c& I& B6 h" W$ r4 yCanada to the time of release;+ L: A0 \( k/ G1 b
(b) the quantity released is less than the quantity in respect of which duties were paid;8 _ [% U- |- d6 H! {* {2 l
(c) they are of a quality inferior to that in respect of which duties were paid;
1 V0 ] J' H) Q* x+ N0 d: ~/ Q( k- b(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, P( j( ~, n" l7 {% I$ M* u9 ktariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the' c+ ~% b' ~# t
case may be, was made in respect of those goods at the time they were accounted for under9 u- z4 M; u- S& j0 T" |
subsection 32(1), (3) or (5);4 s: D' D+ p6 k0 O
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/ ]% F; h f& k$ g% T/ k(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
) t' Y9 [2 \! z% S3 ?preferential tariff treatment under CIFTA was made in respect of those goods at the time they are1 Z6 a4 M8 U U4 _& E# W
accounted for under subsection 32(1), (3) or (5);; w/ l; Z; @# t2 V- f7 t
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% @0 b1 v. B& d(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 f6 Q1 y1 H+ h; S% _8 {
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or/ \' T% V; q' E* ?) r; k& }
value for duty in respect of the goods and the determination has not been the subject of a decision
1 H7 Z2 }$ d; _8 Q$ s* Nunder any of sections 59 to 61;$ R1 A8 `, d/ B" k
(f) [not applicable to non-commercial goods];% y6 j, P6 v! |
(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 C; j, i1 [9 L/ U' E! U8 E
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
- `* M* o2 D: i" K; }; s0 Z* bon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of1 p& r; i! x8 \; C3 J
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).: x! t2 F- T [
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
m: ?" J* a! \1 q; Aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
2 V, y7 U" y6 o* Z7 H(3) No refund shall be granted under subsection (1) in respect of a claim unless
+ F. Y: q* z5 j# j; N2 z/ x% }(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 l' V* B. e8 h+ p5 `1 h ?( J
respect of which the claim is made or otherwise verify the reason for the claim; and
. N3 ?$ Z6 Z' W" V/ U(b) an application for the refund, including such evidence in support of the application as may be/ K9 n/ |, {) E7 U) r. u
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 Q; N! s/ x8 `+ r+ K
prescribed information within
" N- l$ G! I( [8 {. }(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' A% K1 {% n2 t5 H% X2 D
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
0 v: f- \, }1 I# G(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ n! k. I) E: v3 |were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
0 ]8 y6 h; G" q/ \2 G s(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 c t" {3 G& N
this Act as if it were a re-determination under paragraph 59(1)(a) if5 E- b+ p% k7 }$ Y" [5 T, Q2 x" V
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied0 ]7 {% Z6 E4 R+ K0 F7 w" P4 G
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not8 [$ h3 [+ p* H0 F
eligible for preferential tariff treatment under a free trade agreement; or- U+ D# g$ G5 q" D
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! [! C* |; w$ x. e6 B \, N- L/ ?
because the origin, tariff classification or value for duty of the goods as claimed in the application is
" v2 J: O# e8 D- I9 aincorrect.
' Q$ L( v j& a' q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),+ g3 ^. w9 Z1 h8 \" J4 P2 A
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
) { u$ P0 F4 U: jother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
5 R. w9 q. X% {3 U C; p- swere a re-determination under this Act of origin, tariff classification or value for duty.
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' X0 N& X9 B0 O6 |" x! B这到底是说可以还是不可以啊? |
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