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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
; P+ `; [0 [1 ?上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf) q' E/ }; y$ N
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Refund Requests
. q/ i8 b8 B3 Y, t$ Z9 o74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* ]- ?4 k3 I' n3 Z- ~' W$ dpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 }. C: E% i2 C, zof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 z: f7 w8 E G, ~$ V(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to4 W+ Z4 f1 ] n$ O- q! ^5 A5 r
Canada to the time of release;! b' X2 }- s& t: K( W6 J5 v3 k
(b) the quantity released is less than the quantity in respect of which duties were paid;
# r9 I W" d# S0 c# F(c) they are of a quality inferior to that in respect of which duties were paid;
; q) J, N: j0 A9 j& R: R2 Y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
1 q( e% j, l5 Stariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; F, |8 ~4 \ Z+ n+ n: \
case may be, was made in respect of those goods at the time they were accounted for under
2 L2 _! n) J4 O8 O' lsubsection 32(1), (3) or (5);8 D9 z: }0 O" ?0 B4 s* i: N' k! s# [& a
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1 n4 {! K+ x% N% g(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for; I" L F* T& _ \3 ~ s
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
: ?2 P. y* l& K. Naccounted for under subsection 32(1), (3) or (5);( p" t7 @- B: t. v
(d) the calculation of duties owing was based on a clerical, typographical or similar error;" u; i e9 z$ l, |+ L5 b# b
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2) j6 @, V9 }& \# t) O
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or* Y3 Q* D2 I( ~9 a) ~7 Y9 [" z
value for duty in respect of the goods and the determination has not been the subject of a decision$ C% U2 l0 B$ U7 [; ]
under any of sections 59 to 61;( d3 B7 J2 ~% j K/ {, D/ S- x1 [
(f) [not applicable to non-commercial goods];: Z* G" s" O; N
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
0 Q! ~5 W8 T6 U(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: O) T L1 O$ f4 f
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 { ^- z* I% \3 ^" |this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! G7 \5 n9 \1 n; ~
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
$ @; M) Q0 S. Uunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
, n$ P5 w0 J. I(3) No refund shall be granted under subsection (1) in respect of a claim unless6 m2 W+ L8 N% W B# n7 O
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
5 j. F& y; x/ S/ W% R: Q" c0 `respect of which the claim is made or otherwise verify the reason for the claim; and
# S1 ?( } b! }(b) an application for the refund, including such evidence in support of the application as may be
1 E6 ?8 r& @' z+ ~1 hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) Q3 W: ]. s+ ~+ \, ^prescribed information within$ d2 ?( U; J& P, F. g5 |9 p4 s
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)$ ]+ Z4 B9 q$ @! R2 h8 q7 ?9 v
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and& H0 |& G! L7 X! }# ^
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
7 h1 {+ B+ M( X! i6 n& O4 _1 lwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 v+ C% _* @* z, k(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 u6 m, C% F' c; i
this Act as if it were a re-determination under paragraph 59(1)(a) if" b4 d1 d" p( a
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied6 F" j% b5 Z4 s/ m
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 d* t3 e4 p) o: H0 ?eligible for preferential tariff treatment under a free trade agreement; or, t1 G1 n( o- j4 E0 f% \( F T6 Q
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
' T* E- S* G( P: B* ~/ Ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is
* F' m5 s( s. _6 f6 m0 nincorrect.
$ o. {5 K& @' d(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, I# X# R+ {" P
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
- w9 P o0 |9 S/ s# e7 wother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it0 R$ n, Z: G% e
were a re-determination under this Act of origin, tariff classification or value for duty.
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# E" ] y0 L; h6 ?9 q8 K; M2 a这到底是说可以还是不可以啊? |
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