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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
2 |$ c. g5 k6 \# S' ^上面说 非商业 进口 可以免关税?
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- s) I# r% j( _% ?4 N+ fhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf7 \5 O$ k) I9 t; p% M* D0 n& u( h3 ~
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4 G$ b: g* B1 y- D$ L. u- GRefund Requests: h; q$ |) r: s' T& _8 |/ ~
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ K- Q0 W3 t( p; cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
# C# l# M3 q6 s/ v5 L+ g& J: }, dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
}% Q5 k) r c& W2 Z& R(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to9 M2 j0 |8 I5 @9 c2 x3 U* g
Canada to the time of release;
. g3 A n( a; i/ l- u/ Q i1 d(b) the quantity released is less than the quantity in respect of which duties were paid;! ?# B$ s& l c
(c) they are of a quality inferior to that in respect of which duties were paid; ]9 Q# N [5 ^
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% a( K1 J- \% }0 Q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
1 R+ z" q, r3 x/ C, b+ F- Ccase may be, was made in respect of those goods at the time they were accounted for under6 x: Z: O% G. ^+ k
subsection 32(1), (3) or (5);+ }& ~- @5 @4 n" ~1 T9 U
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 L, v/ \- R$ |. b0 o
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are* F$ D. A6 n% S5 K" j
accounted for under subsection 32(1), (3) or (5);
' N9 h3 S: v4 e(d) the calculation of duties owing was based on a clerical, typographical or similar error;. e0 _. Q+ E+ F/ ~* n$ x1 J
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
- S- l+ L1 }$ I! Tof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
5 }, n9 m: c+ O- Evalue for duty in respect of the goods and the determination has not been the subject of a decision0 ~7 `7 s: K' S- z! _
under any of sections 59 to 61;) ~* W- L S. w+ u* a( r) {2 W3 s
(f) [not applicable to non-commercial goods];
. y. ~! t' Q& R c# M(g) the duties were overpaid or paid in error for any reason that may be prescribed.
% ~# Y5 G7 p' i5 b' A3 D; y# [(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
' b0 \/ K9 e5 R6 F& Y0 gon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of: j9 h1 M, L7 w/ B
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
0 R) R, E1 e3 S(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 Z# f1 k) k6 e; M7 t- g- r- g6 ^" y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
, K1 b! q$ }& g& f(3) No refund shall be granted under subsection (1) in respect of a claim unless
5 {2 K: `/ o5 d5 i, j- b(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 o- K& L# s! mrespect of which the claim is made or otherwise verify the reason for the claim; and! v3 F, I: c3 x- j
(b) an application for the refund, including such evidence in support of the application as may be1 [; o" T, R, Y; M7 f
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 _/ }" m+ d) |
prescribed information within
9 b* j* b! W( `+ c: t2 c" J$ V(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
* \ F& `" p/ C0 aor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 F( x5 D6 a' ]) O
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods8 q2 ~6 E0 c+ u% [7 w; h: W( n0 J
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.7 L3 p0 N2 M; c* n( Q) k7 R0 a) Y8 k
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
# h# u5 U1 Y; k4 z9 k1 }this Act as if it were a re-determination under paragraph 59(1)(a) if
8 [3 m2 _. G1 n3 h! N! D" V(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
) O$ y0 T# K E4 }& x$ o5 wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not4 Z! U6 s- r& `% \2 q
eligible for preferential tariff treatment under a free trade agreement; or7 ], r/ N/ ?3 f
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
3 g. c0 @! b9 H* ` F8 q; |3 Hbecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 E4 \& t" b% `; m/ I' \' }1 o
incorrect.
( o; C' D& _% y9 S) v; M(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
0 d( x; N- ^' I(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
0 i' f4 S- F& }2 H, x! cother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, t0 U) g0 v% a; k' y
were a re-determination under this Act of origin, tariff classification or value for duty.; K0 o, I1 v- C4 t6 a0 L
9 E0 F# y* L( X- K$ O! d5 h这到底是说可以还是不可以啊? |
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