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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 T) v6 J) d3 ~% w( @! l
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& Q3 l% j8 R- @, t3 D# V2 H$ O
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& h r/ j# w8 {: G" DRefund Requests
0 k( c2 {/ K! `. a: Q/ C74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
. X# `1 U2 e' C( O. ]9 p$ Spaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' ~; L' `; U5 ]3 S0 l% Bof those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 {( b( u6 |/ R) i4 N9 N# S
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
- e% ?( ]: b2 B5 X4 C: VCanada to the time of release;% s" N' ~9 g( C6 H
(b) the quantity released is less than the quantity in respect of which duties were paid;
: b* f1 a" E6 M& U, c, T(c) they are of a quality inferior to that in respect of which duties were paid;
/ T; m7 q) u# C( O$ E; C' [(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
; X& p5 E# }8 [5 _# h; ptariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
3 C# ?% N L. _! A1 J( A1 n: Z( Mcase may be, was made in respect of those goods at the time they were accounted for under
5 u: a, u) c4 z* Tsubsection 32(1), (3) or (5);
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% X% [3 n' j7 ~$ K" Z" T(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
0 Y1 ~$ H6 z, |preferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 m: l! X. b6 h! z' A
accounted for under subsection 32(1), (3) or (5);7 `4 u, O' H, P
(d) the calculation of duties owing was based on a clerical, typographical or similar error; ?; z" H6 t6 N7 W+ E1 l4 w
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)1 U: Y) T g# X
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
/ ~8 L- ?9 S) n B' Fvalue for duty in respect of the goods and the determination has not been the subject of a decision
$ ], L6 y- r7 m( I8 ?, f: E9 ^under any of sections 59 to 61;" e. z& M$ x& W* v0 K
(f) [not applicable to non-commercial goods];3 R; p& h9 z; [4 L& J( k
(g) the duties were overpaid or paid in error for any reason that may be prescribed.; ]# d1 H. g% a3 K, ^! C
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
) j k% D2 b2 t0 {9 @on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ B) E& e k y, ~# V0 Athis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 c8 O( K" e$ ]0 N* @(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim1 l! A. k, ^2 y# p N
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 q; x) ?6 y! O- k8 y
(3) No refund shall be granted under subsection (1) in respect of a claim unless
2 @( g4 P: j& Q' I5 p* W) h3 m# Q/ q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% F% n" E8 j @
respect of which the claim is made or otherwise verify the reason for the claim; and( F& K7 ]% s, S* U8 G; q$ Y
(b) an application for the refund, including such evidence in support of the application as may be! d5 t; \6 L: T6 M: m% W+ C R
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
. w4 p( U8 q- J5 F5 T7 U! E, @prescribed information within
+ R7 K! T/ L' @(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 c$ E2 ]$ t( P. n
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and6 t3 n: ~: H. u
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods' `+ e! E9 x- i6 e7 h$ d
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 ?, w$ e r( Z- D) S+ H) u: a
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! j+ m) E+ g a
this Act as if it were a re-determination under paragraph 59(1)(a) if
: v$ L# Q3 Z; {" J( m* S0 m5 x(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 v7 R0 _# N$ W5 hbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 m2 Y7 Z3 K2 \- }1 L. o$ P4 \eligible for preferential tariff treatment under a free trade agreement; or
+ L4 t6 G+ Q6 Y5 H' ?: T( V/ t5 c* B) b(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
2 z" W' J4 X. Jbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
3 D- ]" l9 [# J7 s. G$ c4 E1 Sincorrect.
1 h+ T6 p9 d- F) F+ x! B5 }% z(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ a3 I$ J2 f1 a9 n4 C: A2 m(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
: W* h, O3 V/ `/ m( {0 Gother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it& `6 K! K, D+ r4 I& ]9 h( m" I
were a re-determination under this Act of origin, tariff classification or value for duty.3 h- {8 E4 a s, o: F5 d
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