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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
4 n. s8 s& Z6 m上面说 非商业 进口 可以免关税?# |6 J5 J. p8 }: f, m& m! o
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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, t% y6 W' i9 h, {Refund Requests+ P' i, i: w* P3 P4 e
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who1 u7 n+ D% \5 X1 d6 G
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ v! k5 N) U: s! A, a- n' f @4 w- R
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if* l2 L! s& W4 O# s4 z6 z; N
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to v+ E) c R$ t0 q: p$ \
Canada to the time of release;' |, B/ } t; M9 z. o
(b) the quantity released is less than the quantity in respect of which duties were paid;
, r* ~' i P, w2 G+ z- I(c) they are of a quality inferior to that in respect of which duties were paid;
' J2 o* `5 o$ N1 y. M6 E& L5 I(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
6 V1 a7 e; b% s8 {& F. V; wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
; C. X# D: c2 n, b$ pcase may be, was made in respect of those goods at the time they were accounted for under
; V) R* U% T$ {; [- V$ t* Q2 `subsection 32(1), (3) or (5);
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9 x, ]$ a1 ]. e; m5 [8 d+ w(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for; A$ I6 g7 j+ `# I
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
# w/ v/ Z1 a }accounted for under subsection 32(1), (3) or (5);
& B) K% B: e# ?% s. u1 x(d) the calculation of duties owing was based on a clerical, typographical or similar error;& A5 n2 S* [9 |7 ^- g
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
A5 B7 N# }8 s( `% wof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or3 N8 ], M8 V0 o5 m; E
value for duty in respect of the goods and the determination has not been the subject of a decision( H/ D: O: D) Z! i$ f
under any of sections 59 to 61;/ p! B% j x. |( U0 C2 @
(f) [not applicable to non-commercial goods];0 I' l+ f% K$ J* ], M e( _# l
(g) the duties were overpaid or paid in error for any reason that may be prescribed.7 j$ v) u2 x( o$ c: l2 D6 E
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 q0 Q* U' _% t4 n$ E% n9 {on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( S6 ]8 P" Q1 [7 B9 S( A0 Z
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).( s* z! d6 e) J) U1 ]7 U
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 p6 s+ K. m: w0 L* i4 U
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.+ K% U+ M8 I1 A* M3 u" F
(3) No refund shall be granted under subsection (1) in respect of a claim unless8 ]7 I0 S" |7 J* R+ X. F1 e
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ I0 V. C* ~7 k# m; g& ]! [0 R5 b3 Trespect of which the claim is made or otherwise verify the reason for the claim; and( F- J/ ^4 B% N9 l+ p( a# h
(b) an application for the refund, including such evidence in support of the application as may be" r" i9 y% N2 n, d8 F" O
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 I* Y3 C! n/ D7 R8 d! Z J
prescribed information within
) x) d& l6 o% d; g" j(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
0 L/ |: [) z0 ], `! Mor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and6 v5 G3 ~$ q$ B$ Z2 P$ u3 P
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 P/ J* _7 i2 Gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( ~6 N$ K+ ~/ |& e- F' U
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of1 L" o4 m: ?" e1 u
this Act as if it were a re-determination under paragraph 59(1)(a) if" `9 U. v5 p3 c; I, k4 c% t/ C% l
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied" `1 ~- B5 C" ]& l% y$ S8 o
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ @- @/ }/ x8 o! } ], Qeligible for preferential tariff treatment under a free trade agreement; or
3 y5 t% V( o+ v% P(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
2 R- m3 h0 j/ x% p0 W2 X9 `( [because the origin, tariff classification or value for duty of the goods as claimed in the application is
% n" o& A3 |/ o) R8 Iincorrect.
9 J( M: p7 ]4 a(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, m8 G1 C; ^. ^( Z( g6 I0 y
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
2 z$ Y/ R9 W( ~' {4 g/ rother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it& ^) b* o% w: `0 e c: J; }
were a re-determination under this Act of origin, tariff classification or value for duty.: D! [" n( U$ q0 X
6 U" J V0 _3 z) h% T3 R这到底是说可以还是不可以啊? |
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