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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
J- a# r8 Q; G1 G7 a) Q! m上面说 非商业 进口 可以免关税?- U; ?! v% u) P# S1 E9 q* c1 ^
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf" j5 [8 R/ P J$ w( l: h9 ]$ q
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0 R1 C( w7 r8 Z: m. H0 VRefund Requests
* M, {. v$ q9 Q6 `! I74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who3 R( g5 G6 i7 }8 {* u8 A0 T
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- c. M6 ~. }( |# Z1 l+ |of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
7 n# \; g; n; I8 z. A' h* Q(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ ]/ z( L- A5 M" a. T2 \
Canada to the time of release;+ v" C4 J* O" Y: N: F
(b) the quantity released is less than the quantity in respect of which duties were paid;6 I6 V9 N2 G. |5 M
(c) they are of a quality inferior to that in respect of which duties were paid;
! S6 [. N! C9 I* f9 u4 x* W; j: F(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential8 D8 k2 q- F! V* s7 f [6 _* D
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
- T4 y/ ]& N+ b% j, _; Fcase may be, was made in respect of those goods at the time they were accounted for under
& v% f ?; {8 z+ o' Xsubsection 32(1), (3) or (5);2 c+ T0 _; o0 C/ E' _- p
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for! C& O5 Y! v @: {7 F. L
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; A r1 G, r2 k7 k0 O/ |1 F% Iaccounted for under subsection 32(1), (3) or (5);) p( D% b! u: O9 z
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 J- b- a$ R5 _' t5 l# X$ q1 _(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), e; V! n3 W, v8 q( r
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
5 k, \, m" L/ C7 H! Qvalue for duty in respect of the goods and the determination has not been the subject of a decision, } E8 v7 L- ~. F
under any of sections 59 to 61;# F% ?7 L6 }$ v: r, g% H, X" s3 e
(f) [not applicable to non-commercial goods];( m7 }3 U# z' ?* W4 k) z8 C0 J3 P% c* Z
(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 P* q g! h) u
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 G: x" X5 V+ ~) yon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of W3 C% }: V0 i" L# T/ K$ b
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
6 u' A. t. I% K2 Z2 d; ~! T/ y; o& J(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 Q n o! r% {: Z# P$ p) l( i+ @unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
2 o( V( J3 T1 L& ?8 a6 S# o) [(3) No refund shall be granted under subsection (1) in respect of a claim unless
' K+ u/ [' [3 V: H# }(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
, g( Z# y w' t- C, L/ d7 Nrespect of which the claim is made or otherwise verify the reason for the claim; and
8 J: `+ W d. C, r' R5 |(b) an application for the refund, including such evidence in support of the application as may be3 _9 K" S/ o6 ~: f3 C
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
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(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ K0 C$ J ` O% x! ^
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 V7 u" u. B& v. @) |4 H8 J(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
. l) q) H. c% dwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 B! ] D* B6 i5 a, Z/ ^1 x2 K- k' d(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" J# y0 k% C+ w* D9 y
this Act as if it were a re-determination under paragraph 59(1)(a) if; X% I3 d8 C; I$ e- ]
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied5 P, O0 _$ D, a8 i |2 B4 }; u
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 @2 Q! }7 K. F& \9 {eligible for preferential tariff treatment under a free trade agreement; or) ~: [! u1 {0 F: ^' Z
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied$ m" H4 h, F$ Y7 m: ^1 ^
because the origin, tariff classification or value for duty of the goods as claimed in the application is# @. ^3 ~9 w5 N& N* w- a
incorrect.
& B! m% u3 V- v5 R(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 W' `! ?8 P7 l# c9 v6 ^4 L(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground* p0 h: T, B& r& z3 X; _
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, W; r: A2 Y' |" ?
were a re-determination under this Act of origin, tariff classification or value for duty.
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0 B% n) o3 h, {) o/ x: Z这到底是说可以还是不可以啊? |
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