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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations( q' _/ ^( E/ @. m4 n P, U
上面说 非商业 进口 可以免关税?
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$ G$ U7 t; Z% O4 Ohttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests0 D C, o; K# M I. Y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 j/ J, K% |$ e/ ~5 J, L. B4 }
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
$ ^: j% D* O5 q; kof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
: R( n3 I0 @- n H7 ~0 [7 _! \( C(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ F+ N9 e* W2 ~' H7 r+ U9 e- c. d
Canada to the time of release;! ^8 f2 K* F2 w; U
(b) the quantity released is less than the quantity in respect of which duties were paid;
/ D6 o: c( |$ I9 o, b(c) they are of a quality inferior to that in respect of which duties were paid;
' w$ g9 A" @+ o(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ f' }- O( @ \& l Ntariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the% ^- b6 e: U/ x8 ?
case may be, was made in respect of those goods at the time they were accounted for under. w' ]8 b* @( h; Q4 ]
subsection 32(1), (3) or (5);4 { M4 w* g! m' f: r0 F8 U
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0 |0 |# z4 h7 K4 m(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for) h' [6 t; J$ V! Y
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are' C( [" P7 W4 I) z& X8 v. Q) Y
accounted for under subsection 32(1), (3) or (5);9 z& v0 t3 r) b* q* b& Y1 H
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
* l4 P$ S! K* S& T0 L+ p(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 `- k5 Q0 y: Z) Y5 {of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
6 z( C" X8 C7 ?+ f, Nvalue for duty in respect of the goods and the determination has not been the subject of a decision
/ K5 q5 Q/ I; @, p: W/ J$ j8 eunder any of sections 59 to 61;
) S0 @7 c% k2 }$ c1 l" t: e( A(f) [not applicable to non-commercial goods];8 T! v% z5 h- {
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; M, y% P/ B c F" F9 F(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based! Z2 w+ z! t; w& S! S' A& n
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of4 O/ m; w: A, X7 D% l
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a). T7 l- a% [! \& i
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim0 T0 o9 f/ `$ P# f: Y; R- @6 Y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ m6 L( J0 L2 ?+ @(3) No refund shall be granted under subsection (1) in respect of a claim unless6 C# P/ V+ {7 j5 r; t7 R! |! w) [
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in- C/ L$ Q5 G8 }% T" Y; X
respect of which the claim is made or otherwise verify the reason for the claim; and e g9 P0 L! c0 [4 i7 I
(b) an application for the refund, including such evidence in support of the application as may be
2 T8 K y) \) A* C/ y# sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
; L5 |+ |1 t9 D$ ^8 A- tprescribed information within
) J8 a+ }2 y, i; R9 v(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)6 }3 Y- T) r! M" b @) Z0 W
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 B1 A- f; M* ~9 ~) g* `& w4 D8 H(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; L& z8 {2 r, o$ l* J8 h/ w5 z1 Owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) s+ v4 A0 J2 `0 H) Z5 x1 S8 G
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! j. N T. Y" Y4 J6 q! }- `, V
this Act as if it were a re-determination under paragraph 59(1)(a) if
1 l D* }( Y$ d, s(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
8 r E' r4 M" }8 P4 Vbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
; k4 u8 g! C, l, v* C6 Y7 ?0 Z! Keligible for preferential tariff treatment under a free trade agreement; or8 B" L" k, E8 e$ k
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 }9 S% ~6 N( i* Wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is) N4 x. |/ C" y- L
incorrect.
, \7 z( D( w! \! P. N" i/ c8 J(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
% T3 |, j" `' B, _9 }# @(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& s, `2 j K* x+ G& @
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it4 |& r( `5 \: \ C1 e j0 |7 @& [
were a re-determination under this Act of origin, tariff classification or value for duty.6 `4 T) D. _- y% _3 b
) U% B) P! i3 G0 b: y这到底是说可以还是不可以啊? |
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