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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
& t) b4 T. V2 v: w/ `1 a' P/ K/ o上面说 非商业 进口 可以免关税?
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2 F! }6 s0 B* ~: A# Y# J- v* r: Shttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests4 r1 g- |: h1 U) d0 E$ r* O
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who2 O& |' _8 q( K* y; N
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 A( Z, ]- W% E7 N7 G6 i; z$ Bof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 g7 D/ ^4 m2 V# P: Z* a, z(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to F5 C+ f/ N7 a% i ^# B- a
Canada to the time of release;
9 S- k. d1 p4 O% m: f(b) the quantity released is less than the quantity in respect of which duties were paid;
7 ^/ ?8 \; y, ?3 n% p, L& p(c) they are of a quality inferior to that in respect of which duties were paid;+ O6 J2 ` C) }6 p
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential$ _2 f2 M8 z2 o
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
; Z' \: e+ D/ H6 g7 I+ O" J4 }case may be, was made in respect of those goods at the time they were accounted for under- z1 F* }/ n) j' c
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
1 b( z# g7 N( o7 s* D! A6 O, Epreferential tariff treatment under CIFTA was made in respect of those goods at the time they are0 A: v( N9 J& U$ @# C
accounted for under subsection 32(1), (3) or (5);
2 T$ T+ Z4 k9 P; R$ | L6 K(d) the calculation of duties owing was based on a clerical, typographical or similar error;
! _9 A2 J$ E- g(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)9 G" g+ A ^ n* D( i+ ?
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
- X9 B/ ], K. }' h! jvalue for duty in respect of the goods and the determination has not been the subject of a decision
! z: Q- T$ O7 R6 Yunder any of sections 59 to 61;) M& F. O9 j. z3 x7 G9 A
(f) [not applicable to non-commercial goods];/ {( y$ w5 E, a6 b; \/ V% k
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
3 ?6 D% M( o: a! {% T- L# K(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based& ^+ X4 h$ t1 g) t# p% p- r+ ]; Z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ D1 A5 E2 m" u; ?this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 X; W& X' h6 y5 O" t
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 u* X0 |- ^. ?- aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.- y G8 ~8 a3 {$ \
(3) No refund shall be granted under subsection (1) in respect of a claim unless
+ h0 H' d& h. Z5 j/ D(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
1 z5 ~6 n) z! Y, d" v+ Drespect of which the claim is made or otherwise verify the reason for the claim; and
K: k1 {& O1 ?1 _; G(b) an application for the refund, including such evidence in support of the application as may be, i: c( c7 F, ?( P# m# L1 i, U
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the# ~% Q9 b+ m. u* v9 n4 `$ Z
prescribed information within; U) \3 i& z V7 f
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 [) d' s" F* x
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, n1 H; r- `4 C! S* B8 n3 j# m" S! P(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% k5 F) G- p8 L! Dwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
$ L: E# ^3 |1 f! X0 X2 E* l(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 N+ i, D! v0 _; l- k3 g* k
this Act as if it were a re-determination under paragraph 59(1)(a) if( y% ]# ^5 Y! ?; I
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
6 ]& G. t2 t# m! J7 F i" fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. W& p5 r, H( Q) Jeligible for preferential tariff treatment under a free trade agreement; or
! L" p# g9 a+ |& y6 s* b(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ _% D! y5 Q' v2 Qbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
7 W1 p% C' M7 t w/ R: p8 X& b5 i5 ~incorrect.) n$ K7 x( T- D. r3 [$ ?) L. v& Q% g9 ?5 g
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, m* Z7 w$ H. \9 N: i+ T! p e* A$ F(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
; h9 ^: g- R r) u kother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ {' S" \6 g0 F m7 g! p: E qwere a re-determination under this Act of origin, tariff classification or value for duty.* i4 |, Y$ M6 s4 C0 m8 z
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这到底是说可以还是不可以啊? |
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