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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
- ?2 i9 `- u# P上面说 非商业 进口 可以免关税?
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! d+ x) H; _+ _5 N; }http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf( h" y5 Y: M2 S
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Refund Requests8 z+ E: ~2 `+ H6 ^) @& p
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
2 [, {7 O6 n% D5 A: ^- lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part3 h5 g8 C! E; s5 Z* ?# R+ t
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if$ G% y2 D9 P$ d0 m+ e
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
5 l/ |, o: `3 K- _Canada to the time of release;1 x% |4 z, y" W; Q; q( N
(b) the quantity released is less than the quantity in respect of which duties were paid;
6 H5 O- |# k. b(c) they are of a quality inferior to that in respect of which duties were paid;
$ w- u5 f7 l2 P(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) G$ ^3 N& O; X* W% F9 ctariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
# y) ?2 q7 v" d" E: K, Ncase may be, was made in respect of those goods at the time they were accounted for under# J, [8 |; p/ _* q4 w* v3 g2 [
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( |8 c! X- U4 [! _4 O ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are$ i3 @; E: Y* F4 b& X$ o) p
accounted for under subsection 32(1), (3) or (5);1 E* [8 v3 O; M/ {" z% y# f
(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 e. j& O& z) N* D" O9 R, O
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
) a5 }; {* Q5 ~. iof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or; |) B* w2 N# [" C$ T0 f" G
value for duty in respect of the goods and the determination has not been the subject of a decision
# }+ @; ^' z% Z! P! K V9 Uunder any of sections 59 to 61;
) S* _$ R" y2 @2 ^9 k(f) [not applicable to non-commercial goods];
5 q S4 n4 M- W! @& G" k& Y(g) the duties were overpaid or paid in error for any reason that may be prescribed./ T/ F* h4 U4 E% [' H
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 Z: D7 w. b4 O n O( |on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 \$ Z' e; C: |
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)., b$ S0 h+ I8 J! w' y: W2 D+ W
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
$ l9 N# P- ]% q0 ^5 Vunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& b2 z V+ r2 m8 T(3) No refund shall be granted under subsection (1) in respect of a claim unless3 z& I. j! ?, G# X. l% O7 |; r
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ a F% j: ~3 @2 V# ^respect of which the claim is made or otherwise verify the reason for the claim; and' T, W) j8 q# ~7 c0 x; k
(b) an application for the refund, including such evidence in support of the application as may be
/ t# {1 |7 m4 f% Dprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& L$ T' D& l' \prescribed information within
3 }# z) W. p2 y' n9 z& V% ^. r, |(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
: i. t) \+ B9 Z0 _7 G3 Kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 L9 p$ \; _1 B8 W0 b2 v7 k i
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
- {/ P* z5 }! kwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.# V+ ?/ o- M" e) K8 j8 Y) y
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 N k6 _# @* ]6 L$ L. }
this Act as if it were a re-determination under paragraph 59(1)(a) if) z5 v) h( T5 S& O
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 k) P; O4 t1 \/ r5 z5 obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ A m! K' X( n$ r8 A$ F
eligible for preferential tariff treatment under a free trade agreement; or3 H5 N3 Y1 t+ u1 l( r
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: m! l( p1 ]9 ?7 _' B
because the origin, tariff classification or value for duty of the goods as claimed in the application is/ Z7 M, U$ c% Y# T% H; B2 R3 O1 g( f
incorrect.. {1 L9 j- [5 Y4 |: h1 r8 T7 w" ?
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 L) b& C% t7 u; G( f6 _(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 g0 j y5 W/ B1 ]* a8 [
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
, B: K; @7 F5 S+ J/ ~1 [were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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