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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
$ c- ?( M' o/ o# T I上面说 非商业 进口 可以免关税?& b, I8 w! ~- j: }
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. x7 J/ Y8 E7 B4 ~+ G
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Refund Requests
) u0 V! }$ M$ C; W( a; z' [5 V74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who, ^/ n3 I% ?0 o& b+ [
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- w! {( K3 B6 O6 a U2 |% mof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
; X% N' t+ Y. [& K7 H. ~(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ ?6 |& f+ I8 k$ X; ^/ W" D4 \7 Q/ @& h
Canada to the time of release;( g6 O. E8 G5 \7 z9 L# n6 d
(b) the quantity released is less than the quantity in respect of which duties were paid;
; d# v4 h( s6 k9 y, f7 h) d* o(c) they are of a quality inferior to that in respect of which duties were paid;& A/ Y( f* b* Y, r' \
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 ^9 r7 t. a9 C# I6 O2 N0 E8 f
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the e/ R' ]( C% B! R
case may be, was made in respect of those goods at the time they were accounted for under1 L: E% n: t8 [- \, F2 ?! @
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
Q$ m) I( H4 K4 O5 A; z4 Qpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
& C1 p/ F$ F8 s3 z2 K8 `accounted for under subsection 32(1), (3) or (5);
7 @" {- C2 ]" L% \1 c2 |(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ [; e2 q+ w7 @: [. V! M8 R3 _(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), H. O+ }- L6 ]
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 K# V0 w% ]; V4 B3 u" T& U4 Xvalue for duty in respect of the goods and the determination has not been the subject of a decision( \8 O/ H7 N w& j# B6 z
under any of sections 59 to 61;
) w0 n9 b `' b. ?. c(f) [not applicable to non-commercial goods];
0 r( t9 f+ g1 a8 @, p(g) the duties were overpaid or paid in error for any reason that may be prescribed. ]: l. X! `; A F' z- `
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based! k# x+ Q; i# ] V' V1 v2 Z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
8 |: X) d( J, z6 D8 Ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. i, r" r- P# G1 U% z% n$ E0 ^
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim% `0 e# |9 Q6 s3 o7 R1 a
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.) h6 A' R% [' V; D1 `0 e- H
(3) No refund shall be granted under subsection (1) in respect of a claim unless0 R/ r5 _& M2 d8 f5 F, z
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 P7 e+ A2 u; g
respect of which the claim is made or otherwise verify the reason for the claim; and
. l8 h0 E: c7 {# K(b) an application for the refund, including such evidence in support of the application as may be" s. T( ~* u- q4 F, k/ Y: R) v
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
' b5 P8 y9 n' kprescribed information within4 [4 R' J" L% i1 l
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)5 f3 E- D! T3 h% [1 s
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 c, \' Z P. v( Z0 j) e" p( a
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
7 ^- S" p$ L, i4 [3 w' ?were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. A* J6 c. r! q
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. k/ t* A" z. nthis Act as if it were a re-determination under paragraph 59(1)(a) if# w `; J/ O- _! e3 O
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ S- G# h$ J0 x, X
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not0 n( x5 }9 V2 Y$ Q
eligible for preferential tariff treatment under a free trade agreement; or
$ [6 H$ P- N6 |( b9 j( I! o(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
, J% q) A3 B- s- ^because the origin, tariff classification or value for duty of the goods as claimed in the application is: `2 A" E* Q# k: g
incorrect.
, }) [ x9 d+ x/ K. O(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, b3 |" R: h% f+ o- T9 F
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
( s: p7 U# P) }2 A, S7 h+ L! D+ hother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it' D1 n& l- [8 u
were a re-determination under this Act of origin, tariff classification or value for duty.- _3 K1 S& t8 {. {" K% l4 U& C0 x/ ]
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这到底是说可以还是不可以啊? |
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