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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
0 l2 D* k, m+ }; X" i' i7 C) \# A4 Z上面说 非商业 进口 可以免关税?/ a( w; O! o7 x# C$ |
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf* X" f# l3 i* [! V/ k, U* i, B
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- k) a2 _! U1 |8 Z1 eRefund Requests" }0 S% n+ b0 v) X$ Y0 b' X
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
' Z7 J" P5 O# D; Tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
: g1 S, Y6 s) h/ q# [2 _of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' y; ^0 A: T4 @+ l( }(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
" i, L# W- E; e* b4 a VCanada to the time of release;* n+ p: a: }- Q
(b) the quantity released is less than the quantity in respect of which duties were paid; @ R2 ^' }1 @# S" w5 E9 m" l. _
(c) they are of a quality inferior to that in respect of which duties were paid;
& [; n; G+ p9 }! q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& T0 Y( X, \ K2 M1 o t, d5 _: A
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
+ p$ ~' B, y; h! v& i# v7 Jcase may be, was made in respect of those goods at the time they were accounted for under5 b9 `/ x* n: A
subsection 32(1), (3) or (5);6 A8 j, @# E$ ~3 b" D; w
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
9 ]1 t9 h9 N0 u" j( a3 ^preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ L& T5 F8 L& g V8 `accounted for under subsection 32(1), (3) or (5);
2 \, _. ?. O+ A# z(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 U# l) N; m% J% \0 U. |9 \+ u. C(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)3 F8 w) k- z { L+ g
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
, R$ E; Y! B6 c/ Lvalue for duty in respect of the goods and the determination has not been the subject of a decision3 N* d, R7 p2 w) v2 ~
under any of sections 59 to 61;+ ?. T9 G; J7 s; e" {$ o& Z$ s
(f) [not applicable to non-commercial goods];6 ^2 L- z. t- J% s( j& x# i
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
4 F& s* `9 ~% X7 \6 o) E" y(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
- m9 @$ c5 C9 q5 d' \2 R5 Con tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 p4 e, ~& Z; l$ m/ r# g
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 I. v6 M" |* m* I6 X% z/ ~(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim5 X5 Q- F. F1 ^. s! h
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 m9 B, I( x. d$ g3 Q) {+ y
(3) No refund shall be granted under subsection (1) in respect of a claim unless
( J' y$ @+ @# q0 f(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) Y y. w+ V0 m; l2 K/ jrespect of which the claim is made or otherwise verify the reason for the claim; and( K u5 Q5 R# w5 }0 n" t! P
(b) an application for the refund, including such evidence in support of the application as may be
* `5 b+ Q6 C4 Y- {, i) t% h& Dprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
! X+ V, P: B. F6 |prescribed information within+ P, z" u6 _7 \, \+ C
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
' h, q. M9 @) a- i- e" k0 zor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and" E* R: F5 n+ P- x* }
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ A" k/ G/ V. fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 V I: r( U& n c) V1 W7 P3 H(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of& C; }) w2 J) J3 _$ k: V! [. n! ~
this Act as if it were a re-determination under paragraph 59(1)(a) if
2 _7 h2 f3 X: U(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# ?. a4 D: L" K' P) D( _* Ybecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not' t p$ ?, x- a0 p. J
eligible for preferential tariff treatment under a free trade agreement; or
( O0 y: O2 V( T3 d" I0 k, k# J: v7 i(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied( }1 [5 c$ F1 Z/ p4 b
because the origin, tariff classification or value for duty of the goods as claimed in the application is% a6 {- b0 Q( W$ D$ ~
incorrect.
* r5 \: J' L/ J9 T6 l' [9 L(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),. E+ C5 K( s3 j! m9 X. S8 u8 `8 Y
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 K6 D8 O9 H4 t; _: U4 c4 U3 V
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it; [3 m+ n- m% J$ C0 Z3 a. ~
were a re-determination under this Act of origin, tariff classification or value for duty.' o3 g6 [, h/ t Q* J6 ~
* E0 @$ W! u( s' r5 E2 ]; G这到底是说可以还是不可以啊? |
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