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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 c5 Z0 x7 R$ G! ?
上面说 非商业 进口 可以免关税?) d( A* d, j& t' g' [+ o2 L
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf* j8 D o* D) s, A
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Refund Requests, I1 n5 f ^$ j6 W- [
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
b2 \+ M" _% P3 r2 t* e& Cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part) L" s' v# X h
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if7 e! \; ~! L5 ]! y( M5 ?# `
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to% v5 _* Z# z3 e- j8 j$ X
Canada to the time of release;
6 E# I. X8 ^, |# o(b) the quantity released is less than the quantity in respect of which duties were paid;
- H* F, u* ^7 }# s6 k7 N6 f1 z(c) they are of a quality inferior to that in respect of which duties were paid;
* G6 _5 S8 F( a) u1 B(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( X/ B! O2 u2 t3 _! I# Q m
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
% r* u: @ S( ]# I8 Xcase may be, was made in respect of those goods at the time they were accounted for under
1 z- q3 M; J4 ]/ s& n: v2 D7 Zsubsection 32(1), (3) or (5);; u! Y5 n( {0 K; K, g% R
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' n3 E1 o. \" P5 v. ?: u7 w
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are" B; X& I4 B. t4 r1 I6 X
accounted for under subsection 32(1), (3) or (5);
( ~ B/ v }# B(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ r2 \1 o- l4 G(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2) \; d2 u( U7 R6 u4 _7 F6 n
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, Q% T% F; O' x" W9 c4 T
value for duty in respect of the goods and the determination has not been the subject of a decision8 F1 n F& ?2 F! Y- T' [8 z
under any of sections 59 to 61;
1 `$ ]0 `4 m% X& T& `4 d(f) [not applicable to non-commercial goods];7 S- e4 ` q. \& B n
(g) the duties were overpaid or paid in error for any reason that may be prescribed.) G! K9 x% j6 Q/ k8 t' i: w
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
7 ~& s* s( h# j0 ?7 non tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
& @% Y2 U, w8 O2 P+ y& Wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
% S, Q( M, e& i! U" r6 }6 P' g(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 v1 W) d: h$ W8 `: ~6 I& Ounless written notice of the claim and the reason for it is given to an officer within the prescribed time.
! s, X a( d# X( R3 k(3) No refund shall be granted under subsection (1) in respect of a claim unless6 n3 J& _ Q$ p: e/ x. @
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
0 ^) B/ {! K3 P; a+ Q# r# J8 Jrespect of which the claim is made or otherwise verify the reason for the claim; and
3 P1 o( O4 K8 N# S8 L(b) an application for the refund, including such evidence in support of the application as may be
& {# x- m0 }' D5 tprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
' A8 h8 k$ l" `' R/ m. @prescribed information within
. V/ S/ L$ R- l) m7 f6 i(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)7 O; I) w& e: E6 C2 o2 j' S! x& o- q
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 T7 h. |3 I3 y! H
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
- A+ V5 r+ H/ G+ p2 p: gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
7 i$ c7 R! {8 s(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of7 W' a8 l( q+ [% l7 g, M) A. D, P, [" u
this Act as if it were a re-determination under paragraph 59(1)(a) if
+ H9 Q; } W/ I# i* z8 Q$ ^7 q(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 Z$ R9 U) s5 I$ R$ o# l" Hbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( f) \" `) h1 z+ I( K4 M3 \$ n
eligible for preferential tariff treatment under a free trade agreement; or+ O8 d2 m2 a2 L9 g/ V
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 a/ K4 m7 h, Y0 \because the origin, tariff classification or value for duty of the goods as claimed in the application is% |+ f- V4 S' v0 ~, W7 `/ [2 }
incorrect.
' V7 K; w) s! g \" m) S(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ I! E7 A2 u6 D: ~
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
! m; z3 @; D! {! ^: ]# Nother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
' p' Q" R- j8 ~) Y6 [* k' lwere a re-determination under this Act of origin, tariff classification or value for duty.9 I- H' T; _! i* S( _* [( d& S% J
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这到底是说可以还是不可以啊? |
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