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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations7 Y# M! j9 @9 j7 a) H. c. ?
上面说 非商业 进口 可以免关税?' s# w9 o$ |9 Y
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# q' s) k y# U; |2 Thttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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1 D7 p1 o2 f& M/ }' W5 _Refund Requests
, {7 b- i$ T) C. T, P8 Z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
/ Z g$ R5 Q! A7 C9 epaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
; B0 l5 P, l& p6 N% F! lof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
! R) j3 P: K- Z" S* E(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 u$ n: ?0 t$ ]# Z4 z* `& cCanada to the time of release;
9 Z5 M2 _- u, ^) p/ ](b) the quantity released is less than the quantity in respect of which duties were paid;
! U3 B- e; C1 i& b9 q5 q(c) they are of a quality inferior to that in respect of which duties were paid;2 i; }' U# a- h/ ?
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( [3 Z9 W5 M$ M5 qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the' h0 q5 H# C. G4 t& Z5 M, ]+ D
case may be, was made in respect of those goods at the time they were accounted for under
" B% s" ^3 v9 ?6 R6 P% z; A3 xsubsection 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
) Q3 F' |/ l4 F: @8 ?4 j5 C2 Spreferential tariff treatment under CIFTA was made in respect of those goods at the time they are! D. s$ P0 D" a! v- H
accounted for under subsection 32(1), (3) or (5);
5 N. V* _/ N k0 G6 L# K(d) the calculation of duties owing was based on a clerical, typographical or similar error;9 C5 r1 L# O6 x$ u9 Z: w- S* ?+ Y
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
A3 z/ G7 s: \4 H/ D+ {8 g) Fof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or; m7 x' r8 {$ u. b2 `8 x; _
value for duty in respect of the goods and the determination has not been the subject of a decision. G' `9 U$ R2 t$ {/ |
under any of sections 59 to 61;
. R- P$ _ F4 r( D(f) [not applicable to non-commercial goods];
2 Z1 v/ z# t- B4 X(g) the duties were overpaid or paid in error for any reason that may be prescribed.
G0 G6 \5 ?3 b- y6 Q% D(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 {- A3 W7 h! [3 hon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
, X% }% K$ K, V7 g/ a% _this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
/ [; O( ?6 m/ P8 T(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ a( x. m/ n8 qunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
* T7 t/ K0 T& D) @(3) No refund shall be granted under subsection (1) in respect of a claim unless1 i# G' ~% c* P0 r0 N$ y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
9 ~. s8 ] N! x5 s6 Q8 y! frespect of which the claim is made or otherwise verify the reason for the claim; and
4 [1 ]/ ~; J2 G& ~& m" {: k(b) an application for the refund, including such evidence in support of the application as may be
! P. W$ |/ n" yprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
! Z: W5 K+ d6 |( iprescribed information within
) Y% O- R9 O+ ?: o7 e( H6 a(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
- {1 d7 c* i2 n# ^or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
; ~' M# x! Y5 R, T* b& {3 Y" p! L(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 ]8 r3 l) Y, y) i8 h) [
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.0 P' c6 d8 @: j
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of( d- E1 D; O F- x! g. g/ u
this Act as if it were a re-determination under paragraph 59(1)(a) if( K- N. |4 L" B2 a0 C+ I7 q% {* K
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied8 c% Z. |6 V1 m1 F5 `; I0 w$ N5 F
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
# I+ e6 I& X* v( }' a( @eligible for preferential tariff treatment under a free trade agreement; or4 L' D( d, c7 w5 x$ [# _: e
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; L. I( U( n% ]7 {8 \9 H
because the origin, tariff classification or value for duty of the goods as claimed in the application is
( f0 ?" n# W; l0 p, j% Wincorrect.2 q5 q0 f6 d/ N9 G4 K0 H
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),5 Q, z+ ? U" C3 S( m1 h
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground" z+ W+ Z$ _1 h. Q5 H2 o' E
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it: I) i* h4 L U6 v$ I5 v
were a re-determination under this Act of origin, tariff classification or value for duty.
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