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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
! ]) _& Z. H$ n% A- J' O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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' s z0 k- ~- \/ @Refund Requests
) X6 ^) o# M. q3 x/ k6 t74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! G* e4 v. s% A8 S6 I" R @, E4 W6 npaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 h2 A' Q& h( j/ ]2 M# [1 p z6 g/ B1 T" {
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if+ @3 w7 v+ ^4 J6 r
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
6 X7 d( S* [) O6 ]Canada to the time of release;7 E# l! z9 ]7 T5 }0 q' `
(b) the quantity released is less than the quantity in respect of which duties were paid;
% C+ X+ B5 U7 P# d: X(c) they are of a quality inferior to that in respect of which duties were paid;
: ^1 y8 ?' ?' ](c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
2 P! k# {6 u, X" S# l' ^tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the7 E$ d( z( }2 q2 t1 [
case may be, was made in respect of those goods at the time they were accounted for under4 @- g2 s. H* G2 \# Z, A
subsection 32(1), (3) or (5);
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. k P. g# a, E; U(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for4 w" M/ w! d. u+ i H# l$ w* A
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are) d" D' T8 e. B5 l
accounted for under subsection 32(1), (3) or (5);, s8 N- B+ \8 o e& A- \2 V
(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 h a0 u' J$ N" g6 x
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* X4 k, b p* H' T7 m! ?8 k2 q2 z/ m
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# }" Z! |2 m8 X) |value for duty in respect of the goods and the determination has not been the subject of a decision! q+ K% a) ^1 ~/ Q
under any of sections 59 to 61;
! }# L1 [* |& x2 F(f) [not applicable to non-commercial goods];$ v& V' B3 M/ d% s( }2 S, m/ c
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
% x7 q( `( ~) m(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based) L) G- B" f% U: J
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of: M0 B1 p! Q6 l- n
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).& ? W. f" { y* s- K5 F
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim$ n6 [) W7 t& A/ k
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.- ?, a5 {& j" H( b5 |: D/ Z
(3) No refund shall be granted under subsection (1) in respect of a claim unless
: B% c1 }. O1 }(a) the person making the claim affords an officer reasonable opportunity to examine the goods in8 ` e, [7 h6 M( k u# E3 O
respect of which the claim is made or otherwise verify the reason for the claim; and
; Q) x! e8 k4 R& i; i9 P Z9 _(b) an application for the refund, including such evidence in support of the application as may be& A9 U3 @0 M! i/ {) ?
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the+ q' l8 | _# W \: [6 ^. d
prescribed information within. v% t J9 B2 ~& _8 X
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 z# q$ d8 e3 \2 @+ F
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; i( ]& K I4 z }1 h
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
2 A @0 V* `: i4 |. hwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
/ [. i N4 {$ A. G(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
( e6 x/ R& f% z8 O6 Sthis Act as if it were a re-determination under paragraph 59(1)(a) if
; |1 _" v8 S+ \& }! { B; ~5 A(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
" g- o' m1 `: k( xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not4 n; ^2 B) T1 a
eligible for preferential tariff treatment under a free trade agreement; or- h+ I) Q6 i3 |; _' h
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
. C6 ~! J \$ @* C. obecause the origin, tariff classification or value for duty of the goods as claimed in the application is
3 l7 G% H, R! i5 p5 kincorrect.
9 X, D+ A) e) {( H7 m% r2 x+ ^(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
6 t2 s) l9 |; z/ ](f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ ?% F" \) _8 [5 K; p; x
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it' q/ v0 a. Q3 I+ Q! K& J
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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