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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
* ?2 F: P# _; g1 b2 q上面说 非商业 进口 可以免关税?
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- d: ]% v( _' O5 K0 n! Mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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$ T, z# ^/ O* xRefund Requests7 M7 |% {( K9 G- i5 v
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: `7 `4 y4 ^2 T) Jpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 W1 @% ?3 ~/ b6 B% q+ t5 oof those duties, and the Minister may grant to that person a refund of all or part of those duties, if9 k0 y& e" \; U
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to' y. I+ G! U9 p- r
Canada to the time of release;
3 ~0 g, B7 ^" r6 G* A1 ~1 Z1 z(b) the quantity released is less than the quantity in respect of which duties were paid;6 y) y7 y7 Q6 w/ O! `$ A9 G6 }% X
(c) they are of a quality inferior to that in respect of which duties were paid;
) Y$ a* t7 v, q+ l3 u3 b4 L& |(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 k# l. S. ]; E& T0 w6 e, _& w! y* _
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the" v& d; V% | G8 H( z
case may be, was made in respect of those goods at the time they were accounted for under/ E' ?- a) o3 u
subsection 32(1), (3) or (5);/ X+ F# M- b/ n4 G6 ?1 e- e
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! U" c0 h, W8 O" D0 X3 `* x5 U+ X) u6 Q2 W(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for* Q' x; y9 q+ U3 I! @: F
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, Y2 q% y% N2 i( \ b7 Paccounted for under subsection 32(1), (3) or (5);
+ V9 |/ ]; J, E4 U: S" R(d) the calculation of duties owing was based on a clerical, typographical or similar error;/ O1 Z* Y( h8 k# k5 u
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), }/ r1 w' j4 S _9 }) v. l0 q
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
5 \" T1 Y8 {5 K% nvalue for duty in respect of the goods and the determination has not been the subject of a decision
) O% c+ p6 s Bunder any of sections 59 to 61;0 t' P! k! b; b
(f) [not applicable to non-commercial goods];3 D- ^, \3 K% g* q/ l2 g2 _
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
3 V! K0 `6 a) P, f7 s- F$ F(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based+ b! ~8 y: b4 O$ d" c6 w
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( l5 c! H: g% C S% a6 c8 y
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)." R+ r" k6 y0 I# q+ P% R7 E
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. u% {( [5 |9 v, r
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
3 F" Z' o+ l. n5 @6 O+ d% J(3) No refund shall be granted under subsection (1) in respect of a claim unless! y3 ~0 o j$ D; P6 E8 H1 V
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
0 K- h1 ^* e) p' O9 K2 e hrespect of which the claim is made or otherwise verify the reason for the claim; and( [( H1 h6 I! E: m2 o( u
(b) an application for the refund, including such evidence in support of the application as may be0 R, G% r( W7 `+ Q/ h
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the5 X& g; ^7 d3 X( y$ M) H. q0 P4 t( j
prescribed information within2 M' W$ J; H* A$ d9 I
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f). e$ u3 n3 `% m7 h0 _& @9 }: }
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
( z, j1 H9 _& U0 z) v5 F i(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( g a! g. F Q* p) A7 owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ s+ \) y: N2 L# o! f
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of& }) o% E9 h8 G' p
this Act as if it were a re-determination under paragraph 59(1)(a) if% N2 a& U; ?% T" G9 H' g
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
) }5 p3 `) H K( E7 v4 H/ p9 pbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) v& R; n! E& u* K/ A7 f
eligible for preferential tariff treatment under a free trade agreement; or
' a& x- n4 W. `: k: L, s(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
; x- a6 j* k/ U2 L: Z6 n) ]because the origin, tariff classification or value for duty of the goods as claimed in the application is
0 e/ @% x+ ]8 R g# N5 t" uincorrect.. y- K* A0 ` J) t
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
D% h, F9 O# a(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 I6 K5 V3 }, k
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% o0 w$ l/ a3 c) p _
were a re-determination under this Act of origin, tariff classification or value for duty.0 r1 C, }) U, L5 x
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这到底是说可以还是不可以啊? |
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