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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
* C, O R2 K. p! D7 d- Y上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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5 J% D' W' W" V7 W* U/ J& r! FRefund Requests# i2 O2 c6 o% K
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, _! u% k% ?' j7 Q0 |paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- ^# Y3 @. ? `# j Cof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
* u1 ], |4 u. W1 L, A G(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
( n/ Z; g5 q7 R1 x* Z! tCanada to the time of release;
+ Q' \/ W# N& H& |8 P2 h: L(b) the quantity released is less than the quantity in respect of which duties were paid;
* [3 c C) {: Q6 x(c) they are of a quality inferior to that in respect of which duties were paid;
+ d1 \" E$ K+ M( p! m( L; T$ r(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential" A D+ Q/ k: d8 h4 E4 h7 [
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! Z# B4 N) X0 n8 S% ^case may be, was made in respect of those goods at the time they were accounted for under3 U7 B7 M9 l$ U1 Z( _
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for% C, r$ b3 U! @4 y- Z* V
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are, m/ y3 |2 m( q# a- H* C$ F3 h4 K; q
accounted for under subsection 32(1), (3) or (5);
: t8 Q/ l% E% f(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 @5 t: `0 e* _7 F' e(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ Q5 W8 L: D9 m; Y+ f& k- b" p
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' k+ y/ G4 s m
value for duty in respect of the goods and the determination has not been the subject of a decision
. s, d, U! e# ?, ^$ b$ `, ^2 t, P; \under any of sections 59 to 61;
( y0 Q5 |) ] _3 \: D5 C(f) [not applicable to non-commercial goods];
$ u- c9 X' |- x/ |1 P(g) the duties were overpaid or paid in error for any reason that may be prescribed.% }6 a0 w5 v6 i/ ^& a
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based9 K& r# @3 K0 D E- r) ^: z6 h
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
- h; {( H% v. Mthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
r* e8 a$ H' o& I+ H; Q$ O(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: L `; @( ^" h' g; ounless written notice of the claim and the reason for it is given to an officer within the prescribed time." H) x& z+ W s& r" l
(3) No refund shall be granted under subsection (1) in respect of a claim unless
m: Z% c* j5 |- D% j) o8 s(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
* K& ?* q9 f! ^; p+ y# |respect of which the claim is made or otherwise verify the reason for the claim; and) ?+ z$ |6 r5 A4 A. s
(b) an application for the refund, including such evidence in support of the application as may be
9 M$ W% Z0 e8 Cprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the2 c) c; } Z# ]3 j
prescribed information within; p5 c' `; J6 I7 g8 K$ n
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ A: B; \, {+ I9 r
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
8 r: `6 L O, v! W1 u7 _8 s(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; s8 H) ?1 W& B+ ]4 e" A
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.8 |" v8 | M; B: |! F; ~* C
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 N* U$ S: y8 [# K
this Act as if it were a re-determination under paragraph 59(1)(a) if5 Z$ U0 u9 C9 \4 s5 |" s& [+ l; m- u
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
8 f- W6 F5 I/ N! f, z3 D( Hbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 W( p" @# o. w9 O, Ueligible for preferential tariff treatment under a free trade agreement; or2 e. L3 o' t: g; J4 W
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied" y: Y' p1 g9 f+ O7 j9 u
because the origin, tariff classification or value for duty of the goods as claimed in the application is
" H4 J! H+ k U5 R# k' S2 R( }3 k) \incorrect.4 h/ ]- j% ~4 |" K+ }
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- V8 k( D \$ Y: y- r4 i# e/ t(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
N9 R" h, N8 ?. I5 R% R9 t# uother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" C. L4 e! q1 i, b- L2 `9 ]
were a re-determination under this Act of origin, tariff classification or value for duty.1 G0 Q! D( M) R
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这到底是说可以还是不可以啊? |
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