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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
8 {5 S2 A* R- H/ B+ ^- }上面说 非商业 进口 可以免关税?+ y' b8 u& ]2 M# e. p
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. Z, q! O/ B7 G8 p* H; h( f2 R
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5 N2 {" y- }) I% ^Refund Requests* H T$ e, v! k
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 x0 P3 h, A, V2 ipaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 E% T2 U- k1 F7 Dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
T6 t+ r- ~0 _ Q(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
& y. i# v4 P! `. F$ ?( y+ dCanada to the time of release;
: Q O8 U6 w! R ~$ i5 k(b) the quantity released is less than the quantity in respect of which duties were paid;
) @- t5 y0 P8 D( |& z* N, Z7 Q(c) they are of a quality inferior to that in respect of which duties were paid;
- M6 X" ?) k' l0 ?1 |3 t& i# G(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
[1 h& [$ ^$ {, r2 _$ E6 a/ Vtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
$ C9 P. H4 X, f" P2 pcase may be, was made in respect of those goods at the time they were accounted for under. B, |, R( |1 G5 `1 B
subsection 32(1), (3) or (5); k b# v% {: C
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+ D( h R" U0 K% q$ R(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
% i" i0 F* B, N0 V" epreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
k5 i6 H1 V0 ^) o; Z/ M5 _9 F5 yaccounted for under subsection 32(1), (3) or (5);
" Q* V$ G$ v# i3 P(d) the calculation of duties owing was based on a clerical, typographical or similar error;; U9 i8 H* E& e0 }% S/ J
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 z+ y& h2 ]: V- k6 F
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 ]4 X3 @) y' {, H" o% E
value for duty in respect of the goods and the determination has not been the subject of a decision9 {% {$ ]; H# j. C# r
under any of sections 59 to 61;
" J5 j8 g6 Y& H(f) [not applicable to non-commercial goods];
# f& ]: L: Q( W(g) the duties were overpaid or paid in error for any reason that may be prescribed.6 y, t; o8 O: c
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based+ L5 c$ b! [' _0 d6 h
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of& g7 E( {! E2 y& X; K
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).4 X* u) z/ P& m& C. Z1 C+ [9 s6 O; p; l
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
2 D7 L% d0 f" l2 n$ C5 Gunless written notice of the claim and the reason for it is given to an officer within the prescribed time.) T$ l3 @& D) K7 t; ?* ?; o
(3) No refund shall be granted under subsection (1) in respect of a claim unless) W" i5 h& I8 U$ v1 T2 N; u- r" H+ o
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
0 g2 d: }0 o2 G" r [respect of which the claim is made or otherwise verify the reason for the claim; and2 s! S0 O3 c0 e4 _& J
(b) an application for the refund, including such evidence in support of the application as may be
+ D; N; l+ H+ S) E; F9 R4 hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the5 i4 w' N) c4 ^% K4 K
prescribed information within
9 x$ A* k ?! _9 H* m+ N(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
9 L6 E+ J5 R6 r& B" G" W# Y# Jor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: X. ~8 o8 o1 M$ b0 \8 L
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods% A4 D( z p2 ]5 }+ p e& L
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( |1 f6 {& e/ e
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
0 f1 w) j X/ @& Ythis Act as if it were a re-determination under paragraph 59(1)(a) if( K" y6 I, s2 g/ ]: x6 }( H: g
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: i% e. \; B) t, c5 qbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) V' G& Y& `& _- ~8 j$ C& G* j$ {
eligible for preferential tariff treatment under a free trade agreement; or
5 G' Y7 t( x0 q8 f7 f: {& j(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied8 V$ w& T7 A4 q
because the origin, tariff classification or value for duty of the goods as claimed in the application is
. L8 K: B8 Z9 O$ x* U5 B- [% Lincorrect.6 b" h4 }6 P+ S. x! C7 e
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) T, q8 h" N/ z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ h# w9 e- ]! e7 A, `3 u) A
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ Q+ C W: Y0 _. p/ D+ n
were a re-determination under this Act of origin, tariff classification or value for duty.- ?1 T( I2 ?0 k& }1 z2 {
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这到底是说可以还是不可以啊? |
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