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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
4 ]' G/ j* ]' W J6 c" }+ S# v上面说 非商业 进口 可以免关税?$ S4 {4 O) }1 e P/ w; [" z" F1 Z
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5 Y3 m& k9 M# Y; A9 f& Yhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf& V% |& R4 `& E0 _; j- m8 u& @
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/ ~) F- i4 n5 a1 M4 xRefund Requests
- f9 g( t# d o8 }8 a74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who. e: b0 w4 h0 Y" H5 U* b( V
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part- E8 T: v" x' ^/ n2 Q
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
* H* p4 ^; D, m9 ]! q5 r(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
- |$ S0 u$ }( i7 ?Canada to the time of release;
2 f, A& C/ Y: |# x" J0 s" F(b) the quantity released is less than the quantity in respect of which duties were paid;. A0 v; O) Z4 b1 Q
(c) they are of a quality inferior to that in respect of which duties were paid;0 P4 [( @$ Z3 t2 H3 E' Z
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential. }$ L5 y* q6 H0 x: Q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) o* `; |% K1 L7 L# [; O% Y
case may be, was made in respect of those goods at the time they were accounted for under. x) J) J3 Q/ d: m# G5 v2 g
subsection 32(1), (3) or (5);* B# A3 {0 u" ?6 Z
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; K$ |: Q1 l& C j(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
! h8 `$ J0 @: ~" n9 {6 spreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 {' g, h& O! ~! Xaccounted for under subsection 32(1), (3) or (5);9 X* g; u7 ^0 R0 J7 S% z+ Q
(d) the calculation of duties owing was based on a clerical, typographical or similar error;2 x7 e$ R( a6 @6 a$ B
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 G& F3 o. Y; X5 Q( fof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or# ^9 T* f$ y' D2 `
value for duty in respect of the goods and the determination has not been the subject of a decision) a1 z, Z5 L$ Y. t" T* c9 i
under any of sections 59 to 61;
/ @# `- l) Z) [9 P) d5 ?" d1 G( a" ~9 M(f) [not applicable to non-commercial goods];) {! Y8 r: M. M. N4 v ]
(g) the duties were overpaid or paid in error for any reason that may be prescribed.* E- B" z, y" k# X0 c) l+ _
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ v( R: }, C& i- B+ I
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of6 S2 E' w$ X* w9 d8 V3 l
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
. M6 F8 m6 l9 U6 y' ](2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 ]4 [% o% A7 j, j' S, Q) N! @unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
( ~6 d0 K* j0 C(3) No refund shall be granted under subsection (1) in respect of a claim unless# d/ A* k. y1 b' r* y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
* Z. `7 P! J% ?7 f6 a. E0 V5 Mrespect of which the claim is made or otherwise verify the reason for the claim; and! X4 K* D# E7 u- Y% D
(b) an application for the refund, including such evidence in support of the application as may be7 Z/ z( D. R# Y2 v# @1 B. F
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the* d- l9 ]. ^* l+ k5 v+ g& R
prescribed information within
`5 P+ x2 m6 F& J. F% @(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* j0 x. e1 p' F; D7 U0 u
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
5 g# p% M, I. z% f0 `, y5 {(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods, M) X9 h$ u$ L1 y0 ?' T% x7 b
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
/ N |. o b m( u' d9 L(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
( i0 x# X% `" O" |3 L" u1 Xthis Act as if it were a re-determination under paragraph 59(1)(a) if" T# E0 K* B* Q; J2 c1 F9 w
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied. D: h, D: ?* P. a3 L7 q
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
' ?% @+ O) v9 Oeligible for preferential tariff treatment under a free trade agreement; or& o: h V5 z! X# i T( J$ h5 s/ ?& X; r
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied, c/ z8 E1 ^- a5 R
because the origin, tariff classification or value for duty of the goods as claimed in the application is
: s7 @- f! e- U! F, l& u7 p+ d: \: Rincorrect. E" p& d7 l) N. \! ]) t; L7 O
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
0 H; ]3 m1 E t(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: p! k/ `4 w% A+ m7 I
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* D O/ c/ \# O O, }, c
were a re-determination under this Act of origin, tariff classification or value for duty.8 S9 u3 |6 h$ b% S
; n; _, l1 ^/ w e& V这到底是说可以还是不可以啊? |
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