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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
8 ?! h4 b' T# f8 [/ n上面说 非商业 进口 可以免关税?. r' D) g/ m! T1 ?, W
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& q: _, F: p3 m9 d; O2 X" Khttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf) C6 Z+ l# N1 J& U
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; b, T" |0 B4 ?+ ^4 ?Refund Requests
- K' ]9 J% F) Y+ w4 r1 L74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who, L- m; v) |0 K: Y( \0 g
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( n8 d% k, E4 t7 H! Y# y& \
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if/ d/ Z5 V$ \5 X" ]6 I
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 e! ]* }; u2 U3 ]Canada to the time of release;" v/ k, ^5 y- K( O+ V3 g+ F; h
(b) the quantity released is less than the quantity in respect of which duties were paid;6 t' Y- Z: {& `
(c) they are of a quality inferior to that in respect of which duties were paid;- X9 W) Z' d3 m- ?1 n* S# ?# [- Z
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- l& ?+ X% _4 u7 P5 P+ qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the$ W. V- N) ^" s* v
case may be, was made in respect of those goods at the time they were accounted for under( M* A- | D+ x( o3 a$ f% E
subsection 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
1 b) a4 z# `# l$ jpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are- }9 Y8 d! u% x2 a7 ?8 _ G
accounted for under subsection 32(1), (3) or (5);
# q! a- |9 }6 G; b, u( b: x(d) the calculation of duties owing was based on a clerical, typographical or similar error;# A: M$ A' ~% e2 G1 x
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' @9 R) E* X4 M7 g: zof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or# t- y V- X) p* L5 ?" [ K9 a: H# K
value for duty in respect of the goods and the determination has not been the subject of a decision
# i J k# B3 h* ~8 h# Yunder any of sections 59 to 61;# H) M6 E' {- F& j, W% R2 N% D9 J
(f) [not applicable to non-commercial goods];, p8 y3 Y, e6 c$ x
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# Y6 m# h& m$ m, ?1 s(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
+ k! d; B2 K9 B6 | ?7 x' uon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of/ O ~. ~) W" _' Z1 \
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).2 J5 A0 z$ {- U
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim* ]8 A7 A3 g! m7 @7 k, U
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
/ |$ Z- D/ Y1 |; @1 b: `(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 {+ i- a- `. E# L3 u(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
' x8 ]. ~4 }% r, Qrespect of which the claim is made or otherwise verify the reason for the claim; and- P- S6 w) ]/ k, a( f( R) y
(b) an application for the refund, including such evidence in support of the application as may be2 L" m5 _5 E& a6 Z; D) Y) }" Y" l
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# `6 I6 e0 H9 q7 X* i u* i- I& fprescribed information within6 O) c6 S6 g. `4 G7 C' o Z: f
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)5 p. Z5 @* v0 m# R" }
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
8 o# u% N4 ~3 g2 u" K+ X9 r(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& \$ B5 Q. D% X' H9 c% y/ w7 twere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ b! u. o& c& n, Q) ]
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 H# e8 S% [5 ~; V' [
this Act as if it were a re-determination under paragraph 59(1)(a) if- W" e+ m, E* g" C: d4 G& E! }
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& G5 h( W: @. Fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& D+ E5 J7 O2 W' e( Y
eligible for preferential tariff treatment under a free trade agreement; or
7 a0 O% E" S8 b/ P(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
6 }( g' [9 F0 Ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is
% V/ G8 F, T* [+ e1 I, uincorrect.
# _! Z* u3 a2 ~! v0 f, Q" L(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ r, G+ Z* D8 i6 z9 J
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground/ B9 r4 f: Z @1 i9 ?( j3 v
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) t, I8 s* E4 U
were a re-determination under this Act of origin, tariff classification or value for duty./ M) S& T$ C1 T
3 K" M }! X! u$ ^2 U7 R* b4 }这到底是说可以还是不可以啊? |
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