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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
4 s7 Z7 b) p) \# `! f上面说 非商业 进口 可以免关税?
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; [ Z4 a+ p0 m& U- `, zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf/ x, y. D( b" C; }
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: g+ L) n; c. p; K/ i; ]Refund Requests3 v: Y1 t" a( O k0 [( e
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, R, y+ c. n7 m7 M% x% Y; W) t/ J# `paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
. p" c0 w1 U. Nof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ B# w& Y6 B! O(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
6 x+ D# b$ H7 l) A8 bCanada to the time of release;
! J. S# }' O4 Y7 N* w(b) the quantity released is less than the quantity in respect of which duties were paid;. x: \9 B, y9 Y/ j6 f
(c) they are of a quality inferior to that in respect of which duties were paid;3 v" h. l$ d* J
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
' g2 _! Z1 j5 i# Utariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 E5 M% Y0 u% ?$ @$ V! k( }: ^case may be, was made in respect of those goods at the time they were accounted for under& F$ c5 Z9 _3 m7 L, R+ f6 A- J
subsection 32(1), (3) or (5);5 X7 `5 W* K! p2 M; L' m0 G0 H p( {
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for C! s j4 k' k5 Y( p& l9 i/ ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' U3 g8 G* L5 saccounted for under subsection 32(1), (3) or (5);4 O' q, E, Z* d
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
; s7 w) T/ y" C8 T! A7 Z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)5 T/ y) K/ Q) T1 k* @* g
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
8 d; ~+ \* x$ b2 b" s7 q4 Wvalue for duty in respect of the goods and the determination has not been the subject of a decision7 \ A N7 y4 q, f' [
under any of sections 59 to 61;: K& ]" F8 O* {; G
(f) [not applicable to non-commercial goods];
' c. L" m6 c1 U(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, }* j3 U$ h, P. y5 `(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ |9 j5 ?" A9 E# b. A' D
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: R2 J6 m1 M( D' K4 o$ [this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( o$ a/ x3 z; `% |) } x" w( s(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; c0 o8 M H) q/ B2 p
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 Z2 i0 W4 q% p8 z9 x1 w0 {# {
(3) No refund shall be granted under subsection (1) in respect of a claim unless) ]/ x# J/ M) {7 p6 d( ^
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in) W" l% T& R0 K% R' [2 V
respect of which the claim is made or otherwise verify the reason for the claim; and6 ^6 Z( y3 c. N: r) P5 Z
(b) an application for the refund, including such evidence in support of the application as may be6 l# ^7 I, M' S# D
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the/ I2 j; H( p! o0 }, p
prescribed information within% L# c( o0 f/ Y6 A b* @
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)0 L+ Y# S) ~( n
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and( s: A% m% J! \4 c8 N8 S9 q0 a
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods. _% W. Z6 l! |& }- _
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
" o: y0 T7 z8 o+ d/ O# K* m3 ~7 R& x(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 H, Z* |5 s+ [- O: r
this Act as if it were a re-determination under paragraph 59(1)(a) if% b9 a/ Y8 }1 Q: M9 F8 [0 {1 q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' E0 r) [4 i( ?8 P& ^9 K9 z6 O" h
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not1 Y8 A) D4 l& v' Q9 ]# x- M
eligible for preferential tariff treatment under a free trade agreement; or
, n# u$ F" l: p' A* t(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% q& e3 h9 m/ g( h! s- ~
because the origin, tariff classification or value for duty of the goods as claimed in the application is/ ~+ i# R0 L. O7 q6 b
incorrect.: W. `% ]. T& F
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, y# b: D7 n. q1 S6 D5 ^4 L6 t2 L(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
$ z, D) r0 F, o# a; ]9 m: kother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
$ j/ C% G6 K0 I2 g# i/ w8 k, Awere a re-determination under this Act of origin, tariff classification or value for duty.; A% R$ ] B2 v" C; T/ V- @
. z6 q8 b$ p! j6 ]. k8 `这到底是说可以还是不可以啊? |
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