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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
* D2 E+ e$ q( _0 @- O* v X* ^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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) c6 l& E. W: I8 F& U4 ~" k! ^' KRefund Requests6 |) I( |* j* T
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who; Z% D* K8 V; M9 A1 E5 b
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% f% a3 X% L5 y* x1 [of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" p& s: `4 a/ Z8 }# N# y, Q9 U(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ g. W5 Z8 [! v) J! T1 W! rCanada to the time of release;! c8 Z& o [* C, L2 Z; e
(b) the quantity released is less than the quantity in respect of which duties were paid;. l) F; K- Y! o6 {( @
(c) they are of a quality inferior to that in respect of which duties were paid;
; b- f" D d0 l- v6 Y; v: k, E(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
Q6 y4 ^6 g; t1 `: v* v* Rtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ X( X1 s# Y" `4 v
case may be, was made in respect of those goods at the time they were accounted for under
* Y& O$ r; ~; R1 ]# C# k1 y5 lsubsection 32(1), (3) or (5);& ~' W8 j% d! v9 T, k& ]! T; Y
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# Z/ \9 f9 Y# D( F(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" b: r- \' N9 J) qpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
7 r6 l' D5 ~* j* Q4 x! [4 saccounted for under subsection 32(1), (3) or (5);
2 j3 Y$ b/ q) {) b. W& S- v/ I(d) the calculation of duties owing was based on a clerical, typographical or similar error;
( {# Z4 S* T6 i0 \# i \(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
" d* L- Y8 `; aof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
. N1 S9 E- M+ L4 _value for duty in respect of the goods and the determination has not been the subject of a decision, _! X5 V9 A6 ?0 i0 {
under any of sections 59 to 61;8 |2 d9 k; [( L' N
(f) [not applicable to non-commercial goods];4 C! X5 \0 ~) {: ?
(g) the duties were overpaid or paid in error for any reason that may be prescribed.% c7 {; h7 F! o0 S* R
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% F* {- A( b' e8 d: a* ]
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ ]. v6 L+ }4 N3 j* q) ^) `9 j/ g0 m* l5 ]this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
* V2 k1 Y5 {& r- c. N9 d(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
# K2 N; w8 @ B8 A O7 [unless written notice of the claim and the reason for it is given to an officer within the prescribed time.$ S! y! V% u) S
(3) No refund shall be granted under subsection (1) in respect of a claim unless9 l# e: {$ [) U
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; _. G% G* `/ W9 O F- f
respect of which the claim is made or otherwise verify the reason for the claim; and, h: c( `* O8 S
(b) an application for the refund, including such evidence in support of the application as may be
6 C' ^5 i5 c7 M0 Q% z7 Bprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
7 g( L% m; D' b! g& s- eprescribed information within
5 { ~7 E. H* D `0 Q0 E( O5 f+ g(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
6 e3 i2 l4 [& _! H( ]) z! I" r. lor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ H3 v; y; l, |5 |- g
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods: ~; }8 j/ }# P' X0 w
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 Y4 |) ]/ h# \8 Y! |3 `! m
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: {0 A. C* c [& ]this Act as if it were a re-determination under paragraph 59(1)(a) if
7 {8 z+ l; h7 X+ ]4 s(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 W* e! D1 l" Z6 c& t
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 R |* \0 Z" x9 ^$ seligible for preferential tariff treatment under a free trade agreement; or5 L. w9 l" m: E9 i N0 u% \. e
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
* @/ T0 j, K' H: b$ u! ^; Y: M4 ~because the origin, tariff classification or value for duty of the goods as claimed in the application is( {& R, k. k) i& H4 r* U# `# D
incorrect.
8 X! |. \$ R# ^4 q4 J(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
! K1 u# B b6 _(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground* p0 [4 q I' w' I1 _
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it4 l% \: S) {. Z. v+ H
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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