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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 A$ v* ]# f9 i- t6 z上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests8 F y& g6 u0 {3 U: @, }
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who& c, q. D4 a' w! r' R, J
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" Z2 D* ]4 t3 Fof those duties, and the Minister may grant to that person a refund of all or part of those duties, if* l; x. B0 D+ B% ~
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to0 C$ ]$ J6 x$ t6 f \! F
Canada to the time of release;! q" Z& e' U! D# N7 x2 Q9 K
(b) the quantity released is less than the quantity in respect of which duties were paid;' b0 [: e# [/ Q
(c) they are of a quality inferior to that in respect of which duties were paid;+ e" z+ [- H6 M/ _
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( W! k* W: p( r. ?tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
- l5 X1 i8 U6 S3 N/ }case may be, was made in respect of those goods at the time they were accounted for under# m- N' S+ M5 m" r& d
subsection 32(1), (3) or (5);, Y$ o" N6 [* Q+ N+ Z
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 q$ W# f( F, R' L7 P- @
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are0 \# C, c1 X0 p$ w& t( H
accounted for under subsection 32(1), (3) or (5);% N; ^1 A* \$ a5 F" }2 i0 z. q
(d) the calculation of duties owing was based on a clerical, typographical or similar error;- j! f/ \* D5 J$ C2 l
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
4 T* t4 L0 g) d5 Jof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
2 n3 W3 X+ U4 gvalue for duty in respect of the goods and the determination has not been the subject of a decision7 }4 J& Y0 U6 D2 C. H
under any of sections 59 to 61;
/ b& P- @+ X8 S/ L+ q& m! A(f) [not applicable to non-commercial goods];" t, T) H0 @9 a( W
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
" @# r& f: J4 s4 M2 P(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 f$ g# b% u0 Z, `3 z/ Son tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of- E9 @* ?& D6 u
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).- w- S* ~) c( v1 T/ l+ T: x
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
+ b; ~( o/ w: m) s& k! Junless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 l& S- f2 r7 Z7 K$ c) ]8 ~* o
(3) No refund shall be granted under subsection (1) in respect of a claim unless( _% O0 P& V3 i0 T0 Z* d( z* y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
0 _' R* |: A/ \1 o7 P9 O1 frespect of which the claim is made or otherwise verify the reason for the claim; and
$ s! e% g0 J9 g$ i(b) an application for the refund, including such evidence in support of the application as may be
0 \4 F2 k5 J0 Y zprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
8 Q; w! O+ U" Q. \) |9 Gprescribed information within
% r3 O5 ?; Y: D- B+ J& s1 h(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
' }. ~) u" q) u& r9 s+ Qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' ?, d6 Q& [7 F' d6 o3 l* P
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# C; B7 a$ ? ?$ s# s
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
2 G. s% i& }' ?0 J1 ]- R(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
7 w9 [0 x4 Z n7 l0 Pthis Act as if it were a re-determination under paragraph 59(1)(a) if
7 I" ?" `/ S/ [- ~% I$ n0 e1 t: b(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied. c- B; K7 \- |7 Z: y: Y6 d2 c" z
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: ^% v2 h# M& g$ G7 Meligible for preferential tariff treatment under a free trade agreement; or: \9 F. _$ C) B: t
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! j0 e: \- l- V! k/ o/ {because the origin, tariff classification or value for duty of the goods as claimed in the application is' \. _+ ~3 c* ~8 N. ~% Y, F
incorrect.
2 q# c& ^. Q( D, L+ i/ K(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),* P& x; h" O- ?6 F! R2 j6 J
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground( c i6 o& V3 t6 e1 O
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
" ^9 c! ~# r; O- M8 i0 pwere a re-determination under this Act of origin, tariff classification or value for duty.( l1 v& Q1 x: W# A% |4 D
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这到底是说可以还是不可以啊? |
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