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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
+ J9 ~. N9 J. A/ ?; X上面说 非商业 进口 可以免关税?9 q3 W0 i$ Z, r! O- ?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf2 r+ z3 ]) s1 N* g
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& W, [/ d- O8 v X* d8 x) e5 j$ oRefund Requests
9 M+ K+ N( F, \2 C) o+ ?74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who% T! I8 x; Q ?3 ?7 ~
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
* @0 Q8 K0 M' sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if' h) `: f) n f
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. Z; p' e7 V. x3 u
Canada to the time of release;
+ O6 V; L# ~* M$ j5 F' G(b) the quantity released is less than the quantity in respect of which duties were paid;
" ^8 f' Z8 ]/ A) N" @. V. l(c) they are of a quality inferior to that in respect of which duties were paid;
4 e8 m, m( [9 c(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ t3 i, T( W) D! g9 Itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
, z( N1 o( T0 _) Q8 u8 C) I$ S# Ncase may be, was made in respect of those goods at the time they were accounted for under, H1 s; J) I5 o0 L! y" L- H u
subsection 32(1), (3) or (5);
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7 [; z- j) v# ?(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
# ~/ s% U9 _+ f a: {' P3 c) K& Vpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are, p- R& y/ ]% x, R$ t, q" V
accounted for under subsection 32(1), (3) or (5);
4 w6 l8 F. r0 s4 c: k- P7 i" ^(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: v, {$ C4 k" @; P+ G9 P(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)& R, S! Z2 k: b8 d4 }+ C% w
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or0 a# u/ i; Y/ b' f* u1 n
value for duty in respect of the goods and the determination has not been the subject of a decision
9 I3 z: ~8 w' ^7 B, Junder any of sections 59 to 61;9 l& X( `$ C1 L3 u: S4 i. F2 ^
(f) [not applicable to non-commercial goods];
2 ^2 [ @0 J8 {1 @5 v* N, q(g) the duties were overpaid or paid in error for any reason that may be prescribed.7 X- |) w! b8 ]! f' A" \" r9 i
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based- u! u" |; m& K4 l
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
! |2 P% h; g) c5 o3 \2 Y/ `7 pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
: d& R1 J' B/ a" w$ p2 B(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
* H. Y' R m9 K9 n" C- ?1 [unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
1 D/ {* ?1 h" p& `(3) No refund shall be granted under subsection (1) in respect of a claim unless
, W c3 n2 U: C& Y(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; g. d" n0 {4 v
respect of which the claim is made or otherwise verify the reason for the claim; and* D* M# P$ U0 v- f0 D
(b) an application for the refund, including such evidence in support of the application as may be
) o# H7 t1 ]9 v8 ~$ b7 Rprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the6 z( P& Y) c1 \" ?( A
prescribed information within# q$ R" U# U3 Y* L6 W
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 k, u9 c7 l) ~8 M, E' `
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and- [+ Q% j: Q* g& g3 V
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& t( C( w! D( v" k* t. F! L* ?were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
( u2 Y. z: K/ m: W) Q% y(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* {& V; P0 g3 B9 T$ H/ z3 k
this Act as if it were a re-determination under paragraph 59(1)(a) if
2 K; q$ P+ R* {3 U5 r: i(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
1 c: k6 [" z% b S& F; k# Q5 Ubecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
D! f3 v% K6 b+ b# |: \2 N8 eeligible for preferential tariff treatment under a free trade agreement; or
' ~; ]. u: [ @: ?(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! j1 o4 R g" p9 v% j; {
because the origin, tariff classification or value for duty of the goods as claimed in the application is
9 F- i8 I6 T7 y- s4 Rincorrect.6 a! V. o- A' O: \$ h x: T
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),: ~+ Z: G+ U' i9 |" N5 ^
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
1 M9 u# c: ^3 s- oother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it3 I) F- m+ ?$ s% s' |% D! X
were a re-determination under this Act of origin, tariff classification or value for duty.
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- J( l+ `6 `" O) c0 G这到底是说可以还是不可以啊? |
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