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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
% F& p8 w/ c3 U上面说 非商业 进口 可以免关税?7 ?' w" d( j2 x2 ~) @
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4 n6 t: f3 R6 O+ mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf O, p* Z, z+ x" @/ v+ K k
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Refund Requests
! `! d# r8 _& k/ `1 a! B74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ a" V. b5 ^% }4 Dpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 h2 ]; Q: v% b) l" G* eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if1 S8 r) v7 Q* H: H u
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to! ]" c6 c2 l Q$ A F, B
Canada to the time of release;" Z# w1 L& T% U5 O" T
(b) the quantity released is less than the quantity in respect of which duties were paid;& `1 |7 R$ G, \" H$ l. e# ]
(c) they are of a quality inferior to that in respect of which duties were paid;
' z4 h N) s( i# B5 E! A& d: l(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential. r' k, M2 z' y9 Q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
M6 ~$ e+ P+ ?+ Z) v2 ?case may be, was made in respect of those goods at the time they were accounted for under
" B3 g R1 A5 W# C& ksubsection 32(1), (3) or (5);2 `( F/ P. N6 j3 t7 t
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5 f1 x4 U$ b" _: z(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for, c. l/ H5 p" W) t# m: K3 f _
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
9 E- h* `. u' z& C2 Caccounted for under subsection 32(1), (3) or (5);
4 E. [5 f3 k& f8 C0 j3 r6 G, }(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 M* D9 g6 O( R# y2 U6 g* \9 q' T
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
u0 i! l* D1 U0 M3 G! `; U2 Kof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# A6 \# ]$ ^0 M4 z+ ]9 s( K. Fvalue for duty in respect of the goods and the determination has not been the subject of a decision: P( ]6 o: v- _8 D# R/ C* J
under any of sections 59 to 61;3 w! u7 G: \) V0 [/ P* F8 h
(f) [not applicable to non-commercial goods];
% E% _: q2 W/ z m) k(g) the duties were overpaid or paid in error for any reason that may be prescribed.4 T: U6 e S$ `! C! D0 ^3 d" u2 t
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
- y! @& Q( l3 o$ Q2 q. o& {on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of' u: r/ \7 s( G+ V7 v$ j N
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ U9 d8 ~9 O6 V
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) A- L7 g1 m' b2 |% @
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.9 C6 J: |( I! i& x1 ]1 ` C
(3) No refund shall be granted under subsection (1) in respect of a claim unless" I- |5 T& Q9 [3 Y4 R
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 f2 s5 n6 q9 K1 d7 v$ L. k9 z6 l* k
respect of which the claim is made or otherwise verify the reason for the claim; and# B9 p; J. M _3 h
(b) an application for the refund, including such evidence in support of the application as may be- O" L0 _; K8 o* [; C1 Y5 L0 j. ~
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 P6 s; f/ [/ _& Y9 r) Kprescribed information within
$ t. U" w1 R7 O" c3 |8 I; Q5 A0 u(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): {% e# R2 F; R: d4 `" l
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
$ u7 Y+ N9 U% u(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 A( K( o- J. ^% q# Y/ H& _
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
% h; C5 N' O4 s" v! }(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
L3 I8 O" G2 ], c2 p' Hthis Act as if it were a re-determination under paragraph 59(1)(a) if
8 M3 A: ?( O6 z" C% T6 K(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied% O. [# Q. N( h1 G- I+ M
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not2 P9 T- y. o+ V% c9 W
eligible for preferential tariff treatment under a free trade agreement; or
5 V7 u/ P0 v6 I(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied3 \! h; A3 o3 ~& z* i$ Q* B* P& o
because the origin, tariff classification or value for duty of the goods as claimed in the application is
6 K4 {; r4 M( k3 E! n! c4 |incorrect.
% z5 }8 N" V5 s" k(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 k. [9 q& o& P5 j+ ~( C(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 S+ B$ z# `. w; t& l% c/ H2 [other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it3 F/ v5 A7 V9 I1 t) W
were a re-determination under this Act of origin, tariff classification or value for duty.
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3 a) K* |0 f/ ?& z' e; J这到底是说可以还是不可以啊? |
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