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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
$ h0 _) X& @( w% k' Q' A上面说 非商业 进口 可以免关税?
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; h" u8 O/ U1 A9 G0 shttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests) o$ u2 g. @) j' D- x
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who3 E0 j; Z" V# m8 H4 K
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
0 N& O! M( m! Z! m& B+ d. hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 X: z7 W( E5 N- C" i9 G) ~6 b(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
! e+ F5 n6 H! J! ]: rCanada to the time of release;
* N. H- k* ~( O' e5 v. [, k l(b) the quantity released is less than the quantity in respect of which duties were paid;
j! i8 L4 k9 R# `: d9 }(c) they are of a quality inferior to that in respect of which duties were paid;+ W1 _% }9 [, q& U1 J( Q0 d. f0 H
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 v/ ?% @) ^; [% Y; s+ n% c. f1 Z$ |1 gtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the* C0 H+ F; Y( \5 ?
case may be, was made in respect of those goods at the time they were accounted for under# x. X/ p' k+ E+ H% w
subsection 32(1), (3) or (5);
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: V7 Y) x: c5 L9 J3 r. @7 h" v* l(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for% E: h0 b* F6 h' I$ C1 _
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
. N" `5 ?" _. M9 ]# p+ V1 s* e* iaccounted for under subsection 32(1), (3) or (5);
# H' d0 ^3 [* G9 H; G. i$ M(d) the calculation of duties owing was based on a clerical, typographical or similar error;! w2 V0 z0 i/ Z" `: A8 T
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
( `2 \& _3 U! S; Bof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
X* r. h. Z+ J/ e! Evalue for duty in respect of the goods and the determination has not been the subject of a decision; Q: j2 l5 D1 [! a* F/ ~! O
under any of sections 59 to 61;- ~" L1 G% a# ~' i) k4 }& J
(f) [not applicable to non-commercial goods];
8 ?0 k% O, u g: u" q C, D(g) the duties were overpaid or paid in error for any reason that may be prescribed.
0 N, K2 ]* l/ Z8 M5 Z' {6 B, f) e+ L(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
) |9 `5 \/ x4 p9 Son tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ i: v# J* i8 k4 {' H! |. W+ ?this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
* w+ _1 g3 _# Z J(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. I! Q! D! ?2 a+ Munless written notice of the claim and the reason for it is given to an officer within the prescribed time.; {6 u! I5 O9 B
(3) No refund shall be granted under subsection (1) in respect of a claim unless
r7 g$ D: f; }3 u) Q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 {9 |2 g8 i1 g/ l! x8 n
respect of which the claim is made or otherwise verify the reason for the claim; and0 v0 x5 T, F3 H4 I! O5 i4 g0 V, `* V
(b) an application for the refund, including such evidence in support of the application as may be+ G2 X, `: F& G9 y: y A9 R
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
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(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ N/ S: c$ Y* `$ l: Z) A3 O9 _6 Y2 Ror (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' V* _# \" b# F; O4 l# B# U$ H
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 A& y h$ B6 M, K5 t
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
5 R! l; J: j: i(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of- F$ I8 q3 r7 V
this Act as if it were a re-determination under paragraph 59(1)(a) if7 Z# N: u. L5 w! Z9 Q# Y5 d4 @
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied6 v2 p/ f N) I& t4 M, B# E
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
- _* v* S( l& z" N: Ieligible for preferential tariff treatment under a free trade agreement; or
7 O# z1 E/ q# w3 g+ t(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 y! C" C1 m3 f+ _- J
because the origin, tariff classification or value for duty of the goods as claimed in the application is
$ C% I1 K% X$ @9 E* R/ [1 Mincorrect.% S; [/ n) V& n% l
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),+ o; M9 s+ [3 [* w
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 d/ m& ^; g8 `% a; H3 N
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it1 s! I- O' r3 ]6 H$ D
were a re-determination under this Act of origin, tariff classification or value for duty.1 ]6 D8 K0 [0 v" L; a
/ w6 Z% L4 s6 T' w1 Z2 e( d这到底是说可以还是不可以啊? |
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