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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
E* d' _, X. l; R% V) B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! G3 P5 h; V: G
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' k; j! Y& `5 YRefund Requests# x- g0 \% H. y7 O, L
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
& Q: C7 `. Z7 s, t# p) Rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
, F: r2 H$ c! N# ^6 Rof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 E( g: o1 e# {1 q- S(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 }7 Q% K9 o8 q W! Q) [3 BCanada to the time of release;- {2 m# ~3 K* S0 `
(b) the quantity released is less than the quantity in respect of which duties were paid;
* O! A1 G7 `* ^, J5 b" w) @( j1 ^(c) they are of a quality inferior to that in respect of which duties were paid;
" f6 l8 e, J7 {$ R- b' X4 t(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& |! M7 C, Y0 X# Q* C, y6 Xtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
1 t/ ]1 D4 A+ e# O/ U7 scase may be, was made in respect of those goods at the time they were accounted for under
4 Y& F1 G7 Y' I+ Fsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
) H% S: _( ]$ _' r$ opreferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 L- O; I1 {7 N3 t1 S
accounted for under subsection 32(1), (3) or (5);
% a7 Z n: `) b7 u, R(d) the calculation of duties owing was based on a clerical, typographical or similar error;( I( a, }/ G& T! O; f: I
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)0 Y" p/ X* x& g( \& `( h3 B
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 Z6 ]+ T2 `- `5 A9 L7 _: O
value for duty in respect of the goods and the determination has not been the subject of a decision
( v6 p8 t! P* R; n) P9 | Y- m. wunder any of sections 59 to 61;
; I |7 r" |! |5 U. k(f) [not applicable to non-commercial goods];
3 P, b( c! P2 k' l/ Q" {) x(g) the duties were overpaid or paid in error for any reason that may be prescribed.
/ z& i _" Z9 s9 C2 F9 U' z( A" G(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based5 K X$ Z8 _, M$ _+ b
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of* c2 z' j, E& K7 j8 R {) ?" y
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).# [7 o4 p4 o) y) v1 E& A
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; }1 p. Z( T2 W5 ?7 R- A3 dunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& R2 e. l: s( K2 G! Z5 k o6 a' i4 H(3) No refund shall be granted under subsection (1) in respect of a claim unless Q/ k: K# A; y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ A/ a, ~" G" W: d& f- r+ K crespect of which the claim is made or otherwise verify the reason for the claim; and
9 E5 G3 S# `- [9 k$ \+ D: G(b) an application for the refund, including such evidence in support of the application as may be
# A. }, N7 j! |9 Dprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the" W3 |3 \( f) m
prescribed information within: x' O) }- f! y6 S3 n
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)1 x O$ j( t8 M) I
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and" H; \3 J( O! e, b
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods% {& {% U; f, P" T8 e5 Y" b1 d
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
4 V% s9 c+ I( W(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! [$ V! B/ o1 s$ E- N/ Gthis Act as if it were a re-determination under paragraph 59(1)(a) if
( ]- \, X7 r3 [* c f(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 N, Q$ Y3 O& i0 mbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 f* c: Z( V* O5 Z9 q! J/ u) \* seligible for preferential tariff treatment under a free trade agreement; or
! V: ~+ `2 a" q8 ]! h) j(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ J+ f2 Z6 f) t7 S4 u# l
because the origin, tariff classification or value for duty of the goods as claimed in the application is
* o9 U* C/ [/ b$ c: l( Rincorrect.
6 n4 |+ |8 q: A D, `$ O(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, G' q7 @8 t( L/ i8 W. U1 x
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground4 j! i, S2 C, }! y; i% S
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ S# o N, z3 L/ G# w" Pwere a re-determination under this Act of origin, tariff classification or value for duty.
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2 E) z' V8 ~( _( ~! f) \) o1 k这到底是说可以还是不可以啊? |
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