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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
! A* y& s: b) C4 b _2 `5 h* s U上面说 非商业 进口 可以免关税?) F& c) o% l2 t& F! R
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7 ^+ ^% e1 p7 X+ D# _- _http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf( I$ @3 J0 o- ]3 b. y6 Z* O2 B! [
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Refund Requests1 d6 \6 K# e2 v9 c9 E: F1 U4 `
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 U. u; p f9 S2 v8 D, xpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part2 h: _& J' [ G( `1 v! A
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
% F7 T* n6 v3 u$ _& z(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to( s, N& j& m2 z2 E
Canada to the time of release;+ s9 `* M% @( C3 c
(b) the quantity released is less than the quantity in respect of which duties were paid;3 W U4 v1 q* ^! D! a3 O
(c) they are of a quality inferior to that in respect of which duties were paid;: R) [3 h& w7 v" c4 E
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ }! L5 W S& H% M+ l, D
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the! s$ p1 r8 n9 f0 j) J
case may be, was made in respect of those goods at the time they were accounted for under* e* k9 s, t; u+ W! [
subsection 32(1), (3) or (5);; v+ f( }! f+ N
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3 v1 ~) n6 X# j# }* {3 U" |(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
8 W! o4 { J/ e2 A; p6 `, `' tpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are- Z, C& x/ |8 H, B
accounted for under subsection 32(1), (3) or (5);
Q2 N6 s$ n% }(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% @/ C: A# y+ g( Q. d(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* h: O3 {* m! b |7 t
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% d( y3 q& i0 Kvalue for duty in respect of the goods and the determination has not been the subject of a decision
4 w$ ]! F& n; Lunder any of sections 59 to 61;4 ?5 o3 b; o0 f$ G( P6 G6 f+ \
(f) [not applicable to non-commercial goods];2 S8 }% b" m/ q
(g) the duties were overpaid or paid in error for any reason that may be prescribed.! o: F ^8 v0 `$ D, v9 b
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 g) i, h" `( N+ w. i0 {9 ?on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
" b- f$ f5 q S+ n' Z3 p+ B% v+ ^this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. j- s. |) M+ h* a+ h0 o2 m
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
# V7 q! r& \* U2 P3 x& Qunless written notice of the claim and the reason for it is given to an officer within the prescribed time., r# a" P& G9 t# J2 n
(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 q3 }8 f, r, K" F n(a) the person making the claim affords an officer reasonable opportunity to examine the goods in6 b4 {) J$ r" ^: H4 j
respect of which the claim is made or otherwise verify the reason for the claim; and
( U3 j* r/ j6 y0 y0 R: A(b) an application for the refund, including such evidence in support of the application as may be
$ v3 N* S* u% M* j8 q i( J$ s5 g7 lprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the1 _6 w/ u* R% X' X9 L+ K$ h" j
prescribed information within! ^& v8 ?8 h" `& o' b" R: b3 S& }
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)! N& r6 ]5 P; \
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and Q* y9 o1 `( e- {4 ^0 B7 W
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 ~- _5 o* F% W I6 C; S% awere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 F2 l% [: N! t4 f
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 D" D% _0 G' {$ I; _; z* q' U: @4 q
this Act as if it were a re-determination under paragraph 59(1)(a) if* Q3 b+ ?4 W" a
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; O7 ~% i* m: K; L8 [+ @
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 q; o1 F1 j$ x6 g2 U
eligible for preferential tariff treatment under a free trade agreement; or
; o0 }/ ~; X7 U- F(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ M7 S) L8 v( O" H) g) Fbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
+ d5 ]; r h R# Jincorrect.& \: t& Q! T0 N, p/ p; ^
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 T0 c+ K+ T3 ~& n(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: s' w3 F8 R% n; {- L
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 J1 d9 f# h1 {were a re-determination under this Act of origin, tariff classification or value for duty.& k8 }; m _7 M+ e
; u1 F' Z1 k- e' C. T# H这到底是说可以还是不可以啊? |
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