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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
* ~3 ^7 n# C: L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.pdf3 G/ l. p+ x2 C: q: s) ?- r( {( e
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' a+ |. _6 s: ^0 A5 lRefund Requests, ^4 z: b3 o) H- h! g
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
2 J: r4 ?& V! H: q! {paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
( V( T' G. [) c* d0 L( W# Lof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
b+ ]4 m+ X, Z(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
: l0 G& l- Z% t; W$ d9 f# bCanada to the time of release;, p/ s- A* Y1 {: u2 q. m
(b) the quantity released is less than the quantity in respect of which duties were paid;
1 a1 N( f8 }! U; U9 a7 }(c) they are of a quality inferior to that in respect of which duties were paid;
* s+ R) z6 Q' C m4 I(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
5 Q. D& Q; V6 ]* }8 xtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the: _; H, ^1 X) u
case may be, was made in respect of those goods at the time they were accounted for under$ j9 q5 w" J$ Y! ] y
subsection 32(1), (3) or (5);& o8 j6 L# z7 M9 u- o9 A
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
# N {& }/ T5 s, [: U, `/ mpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are. n2 t2 O- t" O
accounted for under subsection 32(1), (3) or (5);
8 B2 c; S4 G2 e) w2 l( l2 |(d) the calculation of duties owing was based on a clerical, typographical or similar error;
$ H7 E+ y0 k/ x: e4 Q5 i(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) C7 m0 w' M; t3 e- G% t
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
/ I ?9 h$ `, a( Z- ~value for duty in respect of the goods and the determination has not been the subject of a decision0 J8 Y) z3 z! [8 w, k
under any of sections 59 to 61;- x6 r2 w5 J8 b2 m) s
(f) [not applicable to non-commercial goods];
0 |* q! m, a6 o% S. y3 @$ v(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; j* G- w5 o7 W5 q U. A, U(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
5 X O) Q# @& X+ g! Pon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of. w9 F# h( a7 w
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
u3 G9 e) H* B8 p/ H, }9 R7 I(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
( f$ C5 {+ t' w' M3 `4 v" xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.& y8 N4 \2 w1 |- Y8 P
(3) No refund shall be granted under subsection (1) in respect of a claim unless, v2 F/ e% M! u" y: d* O9 G( g/ `
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in/ W7 v% s- R# Y8 q9 O, ?
respect of which the claim is made or otherwise verify the reason for the claim; and
, t5 S$ g4 R. F, l8 {$ L. e(b) an application for the refund, including such evidence in support of the application as may be
8 X# H, D3 E. H/ Mprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
0 |+ i$ x& I# t lprescribed information within
0 s- {, g/ H6 C. Q) H+ \7 Q1 o p( d# T& m(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
* J) O, `7 y- ]: u2 g, Sor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
# L9 |5 G# k$ g, W& y7 v7 K" @(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* p; I5 B: m. n# r8 b
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. i ~) _1 ~5 N2 m8 m(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% T' l: O3 H4 T0 f9 {! Y
this Act as if it were a re-determination under paragraph 59(1)(a) if
2 v0 L9 O6 }4 g9 Y(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# z( L: V( }5 N" Tbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
$ @( a% y# A! h) a! q7 Z" \2 Leligible for preferential tariff treatment under a free trade agreement; or
) k b" Y& `) ^2 S/ f(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 N& g* L4 a) |. cbecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 W, Q$ ~/ T! |
incorrect.+ C) u5 i. o$ }$ R7 c4 ~
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 R: a& {! z9 f* D% j" `(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground* D( f+ I+ T, V# N( M6 x3 N
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
& w& `. ` c, p: j% Wwere a re-determination under this Act of origin, tariff classification or value for duty.* V# F* ~' _: M+ Q) w: d& T: f
) k/ B; |( `& d% n这到底是说可以还是不可以啊? |
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