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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
8 X1 }* f6 A- r1 x1 @上面说 非商业 进口 可以免关税?8 P3 l9 x% t: R! V7 U
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests/ ^- s, F! Q3 h" X! H$ J. W( @
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: P* l6 T& O: q& ]+ e1 r4 J$ bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part7 J) ]4 H- c; P; w( W& S
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if, b( O$ @2 n1 D. r$ F4 N5 l- r7 w
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
% k# d, ~* V2 h2 f7 Z! v8 ZCanada to the time of release;- y; \" p5 i: o& S/ ~$ C
(b) the quantity released is less than the quantity in respect of which duties were paid;
" H. }8 I2 @ G: K' a7 a3 r2 u(c) they are of a quality inferior to that in respect of which duties were paid;
S) p8 w6 Y: Z T7 O* \1 T* k8 y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" Z9 w. u/ l: G/ Z5 Mtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the4 Y( A; O+ Q5 Z* Y: S7 l
case may be, was made in respect of those goods at the time they were accounted for under- A8 n& V# w; s1 _: T: w( \
subsection 32(1), (3) or (5);$ p- B- a1 c8 U7 P+ j X6 j
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
( f9 v8 w- R# _0 d$ r9 D: Tpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 S! y9 N' z$ K3 saccounted for under subsection 32(1), (3) or (5);
1 \8 ^% n3 ^* B, O6 P4 ~(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 V+ s- K1 z/ P
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)" t8 ]* A t; J7 k' s0 B3 d
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
& M( E, M9 e9 ~7 N# }value for duty in respect of the goods and the determination has not been the subject of a decision& s& R# }& t+ p4 Z, A; f
under any of sections 59 to 61;
$ V$ c% O/ g" R8 t/ b+ p; p* k0 l(f) [not applicable to non-commercial goods];
# }9 t8 _7 u! X% y* a" \/ _& J(g) the duties were overpaid or paid in error for any reason that may be prescribed.' F5 `# w! @+ X
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
: _9 @4 t" A/ V) z won tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of: k1 ^: ]: k5 H
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).6 L2 {3 ]6 y7 C- E. U Y- @) _( @6 ?
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. F+ @* D2 M0 A& W2 y) B9 Lunless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 ^" p, G# w2 m
(3) No refund shall be granted under subsection (1) in respect of a claim unless
; @0 |+ Z0 F" y& Y6 _2 L5 D(a) the person making the claim affords an officer reasonable opportunity to examine the goods in6 P! N5 M$ g7 w$ ~
respect of which the claim is made or otherwise verify the reason for the claim; and2 W% e4 s/ i9 p1 b& X2 R
(b) an application for the refund, including such evidence in support of the application as may be/ T+ z7 e/ V3 x( T) b1 U4 N
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
! ]7 k: `) ^% G/ qprescribed information within
# z0 H2 U2 D. Z(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
& J0 S9 H8 D, Zor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' M" c! ]+ y1 O0 j(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
k, ?& R% Q, N) twere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# Y* E% V3 l" ?) s$ H' T7 p(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of6 P# ]8 a# f: a: O. l m/ ?; Y
this Act as if it were a re-determination under paragraph 59(1)(a) if
. I) G7 M" D* U(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied f8 I* _5 P% o" ?1 n6 ]3 e5 Q1 U; m
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& o% y3 ]! E# ]# L$ }- n
eligible for preferential tariff treatment under a free trade agreement; or3 m$ [6 T' i" _- @2 `( N, Y( |
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied7 i9 \8 C' p0 I9 o
because the origin, tariff classification or value for duty of the goods as claimed in the application is
! {* `0 F: l2 h4 vincorrect.
% c: {1 W: u& U( I {8 a5 r(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 f3 z' y) C6 L6 [( P) M
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 A t8 s6 f, v1 h9 S- }other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 ]5 U- J3 o* cwere a re-determination under this Act of origin, tariff classification or value for duty.
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& G; B8 I0 ]) T6 x( V1 X, u% C这到底是说可以还是不可以啊? |
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