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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
* P- T# C4 f! Q" T0 c上面说 非商业 进口 可以免关税?* G \7 P7 L3 Y
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0 M- V; D+ K5 L. e/ `http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
( h. c- Y; y5 h+ z, f74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who& E8 G* K% D3 y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 L, i" c$ L- N! jof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ r, b1 V/ K, D( {# |0 B- F( e0 z7 p(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ N! b/ T Q: f X
Canada to the time of release;
1 c( i {$ [' Q; i(b) the quantity released is less than the quantity in respect of which duties were paid;
' g4 P1 @/ O8 |4 }2 c(c) they are of a quality inferior to that in respect of which duties were paid;
4 d- ?' M( I4 x- P% v% t/ e1 y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; `9 \9 Z& F+ R
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
1 E* H" K; v0 U) Y+ g' l! ]3 {9 O% ?case may be, was made in respect of those goods at the time they were accounted for under
( I8 v) @; G! ?. r, r T' L5 Zsubsection 32(1), (3) or (5); M c3 l; d% T3 N% ^1 K
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for" K4 T) S9 \: w r$ l# u3 d1 N
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
# ^: d% M `: i7 v c- Oaccounted for under subsection 32(1), (3) or (5);: g8 ?6 z2 L" m* X6 H2 z. K* F- i
(d) the calculation of duties owing was based on a clerical, typographical or similar error;% w! S0 W' W, ~- R$ ?
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
5 q) V# o% V) f+ Xof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
& ~" v3 s) R% H8 T' fvalue for duty in respect of the goods and the determination has not been the subject of a decision+ Z- \$ y& X1 o7 X( x
under any of sections 59 to 61;& ]: ?5 B) i! x$ }
(f) [not applicable to non-commercial goods];
. f; G2 T% n$ |4 x5 |/ r3 E(g) the duties were overpaid or paid in error for any reason that may be prescribed.
' ?: g" F F1 |4 o(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
& l8 i: s7 M; ~9 |' U; Don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of$ g' }- _6 E: x" s
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).4 f* D% \2 w7 a9 ~+ i- N2 U3 P
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 K3 `" _1 P( n4 s/ e. O0 \unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
, X+ I3 C5 _& i4 y# @+ k, M. o2 U% p(3) No refund shall be granted under subsection (1) in respect of a claim unless
% O" c! S* }, j! Z4 C- a(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
: N2 I" g8 K2 E4 wrespect of which the claim is made or otherwise verify the reason for the claim; and% P7 Q5 w8 B$ d+ q+ p
(b) an application for the refund, including such evidence in support of the application as may be7 l$ a1 E2 h8 }. F! X* D
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the+ a5 A8 a) n) L. m
prescribed information within
( P& W2 H4 K7 L9 n# H/ t(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 c( A. v' G% p, q. F" M' Y, P& \
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 A+ B, ?: U+ Y/ K* ^, |$ p(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 |) m- f( V! w* F# l4 x, ]
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed. l" x1 q+ C& E
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
* g3 s* g, n+ [) y. O3 @this Act as if it were a re-determination under paragraph 59(1)(a) if* T3 @( m! O" ~ P. S
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied7 _2 Y" G! s7 {' I+ u7 d6 {
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not9 z5 J+ ?' j8 D) m
eligible for preferential tariff treatment under a free trade agreement; or
3 x& Q3 y. [% B' b+ g, e(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied/ \: R9 @7 w6 v) _' m0 _$ V6 ^3 s
because the origin, tariff classification or value for duty of the goods as claimed in the application is: `) ]0 {0 t1 K0 H: k4 d
incorrect.( `6 m. j/ E% H2 I
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, G9 w+ i% ^6 o0 g4 d8 ^0 B(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
+ O2 X) z( X. l9 ? z! O% h8 Rother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it0 w' W, @! A0 @( Y: l
were a re-determination under this Act of origin, tariff classification or value for duty.
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2 H! K. a5 d7 N这到底是说可以还是不可以啊? |
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