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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
+ K6 y7 i4 l# R1 [上面说 非商业 进口 可以免关税?
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, \$ {& U; l+ d* U2 m; nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf5 B& Y$ p8 }! w7 i
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Refund Requests
3 B) W6 I3 ^; g) T# B( [ Z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# N+ t2 Y5 i$ w- J- H
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part u4 j r. a5 r, S N1 P
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if( b, |/ o4 N/ T, T# v0 } p1 S
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ o6 I# |' U9 j% B3 OCanada to the time of release;
3 K6 I; q+ l+ k. Z2 j2 i(b) the quantity released is less than the quantity in respect of which duties were paid;
4 O' }7 U! a* N( d \5 i% U7 B(c) they are of a quality inferior to that in respect of which duties were paid;
x' g% }/ ^2 E+ s(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% {% v/ [) e1 N6 R9 G
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* y" P) y) D5 Hcase may be, was made in respect of those goods at the time they were accounted for under0 \7 s0 j: `7 a0 T& o
subsection 32(1), (3) or (5);
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2 k' O3 J& g' D$ B(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
( Z/ V: d9 W% }4 C U. d7 ipreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
f m) m) J4 E$ o- I/ I* ^4 saccounted for under subsection 32(1), (3) or (5);, j; o! ?/ L7 I: t6 _2 W; ?) B# |
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
# r: K6 p0 y4 T: Z# F$ [# [(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 O( H6 ?9 O: p8 G9 y8 z5 tof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or3 ^) b) v& O- }/ c: V: `
value for duty in respect of the goods and the determination has not been the subject of a decision
& i- _ ?4 o0 w, T2 lunder any of sections 59 to 61;
# m# P7 W* ?, g9 `(f) [not applicable to non-commercial goods];. M* B' m3 L: R l z9 M; j
(g) the duties were overpaid or paid in error for any reason that may be prescribed.+ u, g5 [& q! N( u
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
' n- t) G j- N Hon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of/ u% ]$ W. h; _3 x X2 N* g |/ m$ A
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).8 s3 w- e1 H; Q& c
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim, R2 w; D+ H/ Q& N
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.% \2 ?* ~+ n! E5 i( r8 k3 X
(3) No refund shall be granted under subsection (1) in respect of a claim unless; X/ v* ^- m6 S7 {* Q
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in+ p8 N( M1 f4 I7 n P
respect of which the claim is made or otherwise verify the reason for the claim; and
R- B1 l8 x V! J, I5 k/ n$ d(b) an application for the refund, including such evidence in support of the application as may be
7 ~0 Q/ E& J. t# @prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 ^7 z6 J+ Y5 J" `( O* c$ P
prescribed information within
9 R. x3 B3 ?7 E" g- k(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ W4 b7 E. T1 |) ~5 h/ D+ D; ^( x
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and. r( B; E; t0 z \! C q. x @
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
- _! r- D* I- m( ^& q9 A" hwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.4 A& B0 R7 P" H3 t# [* h
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
4 G9 y+ ^8 e* C' |this Act as if it were a re-determination under paragraph 59(1)(a) if; \& p9 l1 H9 h* ~' P, }1 J( R
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
1 Z3 Y* U3 [6 w( G! ~. C. h' _because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not$ E4 q+ z0 Q5 u0 R
eligible for preferential tariff treatment under a free trade agreement; or
X3 U [2 Q/ m1 ]: Z" d; ](b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 K* f9 O3 g% \! ]9 ]: z4 n
because the origin, tariff classification or value for duty of the goods as claimed in the application is8 r, m2 r0 x$ @
incorrect.2 a7 V/ e$ J7 i# h3 J$ ` N2 B4 u
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),6 l9 h% A4 k* ~6 n q! y' M; B/ ]
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 s4 P* ]6 P0 Y4 A6 E8 }8 \
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
$ ?: O' O4 l1 N: X% ]3 u- Xwere a re-determination under this Act of origin, tariff classification or value for duty.5 O; W# y _6 i0 ^+ O# J
0 H# d3 M% s# N& `8 v3 h这到底是说可以还是不可以啊? |
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