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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
* C- W) s1 U4 h* }* s# W) C上面说 非商业 进口 可以免关税?$ v! J, G7 p8 j* J F! v9 Q
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4 _. s" s% |& j' w: C0 Mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
) J0 p$ W$ M ~% O( \( h- F74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who) f8 z' f* ], k$ D8 @8 X
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- d0 T0 N. `5 l2 Bof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
6 q8 R+ a$ W9 t- ]7 k(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; F2 m0 W# K7 e6 Z& I" t/ e0 y
Canada to the time of release;8 q( `! w3 u+ a, v+ Q; G% D
(b) the quantity released is less than the quantity in respect of which duties were paid;' I1 D' z/ f* m, H; H" [
(c) they are of a quality inferior to that in respect of which duties were paid;* U: [. b1 h3 `2 b
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( _8 d" r8 I' b) Y% `0 u) p, q) ttariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ Q3 ~3 H2 d/ X7 A
case may be, was made in respect of those goods at the time they were accounted for under
" S1 S2 u: J6 u8 D$ p! z9 r* bsubsection 32(1), (3) or (5);6 C7 [$ ^# m2 X1 j/ F; t7 d1 ^! ~
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! v) P9 T5 h4 l/ ^' b9 f. v(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for- c3 F% p! N9 G& g5 Q
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are/ J* p5 ^% S' {' @
accounted for under subsection 32(1), (3) or (5);0 K- _( h2 n4 W
(d) the calculation of duties owing was based on a clerical, typographical or similar error;/ u# u2 G# D F! S% H
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)- o( M- F+ Z4 [5 f7 K
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. d9 J2 i1 M5 L2 Y# }0 x
value for duty in respect of the goods and the determination has not been the subject of a decision
" B" s" k1 }& `. k: L8 @& q- wunder any of sections 59 to 61;
) K; H' T/ F% a) A0 X: v& f& z(f) [not applicable to non-commercial goods];2 c( ]+ Y& z/ M/ u9 u% R
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
$ }$ W A A5 ~$ y9 O# H) v(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' ?$ M$ o" Y( y& v( E; y0 i* z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
* X9 f8 S& r, K+ \) B" W/ h0 Dthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).' _1 [8 C) q- ~9 \
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
6 A( b; L9 o. ?8 i' r6 ]/ A5 Xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.% H8 }: ^ o6 y t) }+ L8 I# Q
(3) No refund shall be granted under subsection (1) in respect of a claim unless
$ M: U. `2 r }4 `2 E! J' W/ W(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
1 M/ `0 w8 {8 a5 P$ d; crespect of which the claim is made or otherwise verify the reason for the claim; and9 ^7 e( G* [0 h8 R/ s) O X% M4 N4 M
(b) an application for the refund, including such evidence in support of the application as may be
, V/ s; Z" d" n, i$ \' A1 Vprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the, [: e, L+ j1 F: s
prescribed information within
% c5 T! E; }( J2 m, F(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( F7 O" |2 F4 R$ r' C2 Hor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and9 P* w% Z. @' r2 l
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods8 C' a3 P: s, h
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.8 L2 X* S0 G" H K
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 k# U4 e0 }! Y# Vthis Act as if it were a re-determination under paragraph 59(1)(a) if8 y+ D- u7 q; Y4 Q# ]3 |
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied$ r! T3 u4 d3 z4 s: K, t
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 @$ N/ }* n3 q% x! ]eligible for preferential tariff treatment under a free trade agreement; or5 y! `, |0 _0 b' a5 a7 E9 _
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% z2 @5 Z3 q) w
because the origin, tariff classification or value for duty of the goods as claimed in the application is
% z2 E0 H' J) [5 Wincorrect.
+ C1 a, e9 Z: D; P$ x(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- e$ k' u7 c# M& Y! S(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 \- [" v# F! U; W4 n! Nother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, p' U9 K) x2 | ?" c
were a re-determination under this Act of origin, tariff classification or value for duty.
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, V6 \2 x7 K, A$ @3 ^, v这到底是说可以还是不可以啊? |
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