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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
7 [$ r( O2 h4 b0 P+ t上面说 非商业 进口 可以免关税?& r5 z" s# S0 G; M6 q
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf) m: ~) V5 F3 G4 r2 }: q. B3 L) a
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Refund Requests+ K& ]( {; W" x3 W7 e6 G
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# V \6 F3 ?" _5 E3 S! T
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
9 b% G1 A( j ?9 nof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
( p4 F; ]% W% H* e' V(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
+ g2 ]5 s8 ?. E, k. ZCanada to the time of release;
+ S# S0 W5 H, j q! C0 s(b) the quantity released is less than the quantity in respect of which duties were paid;
7 Q0 _) s% `! |- Y4 X(c) they are of a quality inferior to that in respect of which duties were paid;
. N- a/ G# \; ^: N, N# }(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& c8 i ~! v: Wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; u% L( t8 t3 T8 D3 B8 D* S& x* O
case may be, was made in respect of those goods at the time they were accounted for under5 e8 n" G3 u( a+ V. o- Y
subsection 32(1), (3) or (5);
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- w4 R& p- S: W7 I: s+ |(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for4 U' D7 F" w, U0 ~) s
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are/ B0 t3 p# A) P% V. e2 \. _
accounted for under subsection 32(1), (3) or (5);
" G6 r# j! k3 i(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 N, p7 M, h7 j, j4 A
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 r$ ~% {5 {% F* x" yof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' ?4 ?0 @# ^$ v# N) P( N
value for duty in respect of the goods and the determination has not been the subject of a decision
; M' l# }! t+ A7 ^3 ^% ounder any of sections 59 to 61;
; p. K) P5 C* K(f) [not applicable to non-commercial goods];- K; g3 e8 D. Z# r
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
2 i8 b# @" B8 f4 ?$ ^) n) D* n6 e(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
5 a+ N( n) F8 E" con tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of3 C' w) E& [ z3 R* _* l
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! ]" u* S2 @5 w t
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; ^- S& v9 D/ G
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.; j' \% C' H% c1 C {
(3) No refund shall be granted under subsection (1) in respect of a claim unless$ t( L4 ^4 j% p. ]8 C
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
% ?+ ^- `' M: y* a6 N' | Orespect of which the claim is made or otherwise verify the reason for the claim; and, a# B/ q6 F! S
(b) an application for the refund, including such evidence in support of the application as may be
3 e( L2 D% h# W) E9 Y0 ^prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the3 C/ q) g! a) w: Z! Q! R
prescribed information within
& ]% f5 P- s+ O7 P( I, J(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
" C( v( ?( l' Y% j0 For (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
+ h) R1 A9 g8 |(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods) F: H/ I. I9 n1 b! Y$ B5 @" q
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
$ ]$ h9 @* f4 Q9 C(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
5 \! _) j Y+ W& Athis Act as if it were a re-determination under paragraph 59(1)(a) if
9 P& L& k F9 Z8 e: C(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
" y$ i: j& y! n8 Cbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not% L+ S) R( `# K, @0 C
eligible for preferential tariff treatment under a free trade agreement; or* \6 A) X( |! y+ k
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. Z3 i' L5 l6 a: N
because the origin, tariff classification or value for duty of the goods as claimed in the application is4 [$ S& P, Z& d+ A
incorrect.
! ]! p0 l9 x2 i" U1 U(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' ^; Y2 G4 Z, k5 e( O. F(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
# i' E9 u; ?& a' ^ l$ e! J, jother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, O0 `/ F8 p, Q/ U/ ~, x
were a re-determination under this Act of origin, tariff classification or value for duty.
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/ s+ m# p1 H7 j0 C% F, m这到底是说可以还是不可以啊? |
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