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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
1 y s& F" R. d4 q( d" ] t上面说 非商业 进口 可以免关税?$ Q! K+ a5 C1 ?8 G& L4 g! K; [6 Q
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# b5 p& H2 E* ^, K, H+ t# U6 p, lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf2 d5 d0 M6 Y$ B" d
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2 E( E: ~# U- z; p- t6 MRefund Requests
: E' l: g4 Z, e74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who, _% d H0 ^8 u' a
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
; b1 ^; z# h$ G1 R6 G5 lof those duties, and the Minister may grant to that person a refund of all or part of those duties, if7 m5 A5 F( M/ v' J _% L
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 e) F) x v+ h% [" [- o; }
Canada to the time of release;7 @! I9 `% [# A, J% k; p
(b) the quantity released is less than the quantity in respect of which duties were paid;5 H5 z" u/ U; {- w
(c) they are of a quality inferior to that in respect of which duties were paid;
/ e# U! E6 [4 ]' t(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( Z+ F/ M- ~# F- A% J7 \- Atariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
9 r' p; \( h% c* @case may be, was made in respect of those goods at the time they were accounted for under
7 _& w0 p- W/ `% I! Y0 R" l" ?" Fsubsection 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! Q' x D" w- |7 ]3 A" A
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
& J/ ~3 |$ m- T" I, ^" k/ D/ daccounted for under subsection 32(1), (3) or (5);
; a4 s" W% L C/ L& F(d) the calculation of duties owing was based on a clerical, typographical or similar error;
! x* ?3 g3 p: t1 I(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
3 h" B4 z* q" W% e6 U& b3 C( E- h4 i1 ^of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or8 E8 o- I+ T, P8 U& _' w4 Z
value for duty in respect of the goods and the determination has not been the subject of a decision( \: `1 I+ Q8 p) V
under any of sections 59 to 61;+ t) [) k, ?8 m
(f) [not applicable to non-commercial goods];
4 I. ~8 }: ~. }0 r$ E(g) the duties were overpaid or paid in error for any reason that may be prescribed.4 ]# L7 o! V* ^5 P
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based+ J- h# }; P1 A5 r
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ Q- V. A( _# ^. s$ s& J, q9 Bthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 Z/ ?; R$ n* X% p(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim1 Q \4 c. _$ W5 ~' A/ W: p
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.( D, E/ \% u/ c5 P7 B
(3) No refund shall be granted under subsection (1) in respect of a claim unless+ o8 S! _% F& W
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in/ O3 \! C8 b4 B1 I& ?% x
respect of which the claim is made or otherwise verify the reason for the claim; and" i' r# v2 H! t. f Z
(b) an application for the refund, including such evidence in support of the application as may be
6 {+ r, A: w2 a$ Q n3 Xprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the5 Q, c' ~, v1 @, ]+ @4 P z
prescribed information within
. p6 I. M) Y* s- O8 j* c7 S: C(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
! n( t$ K k" {or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and& O" s8 ?/ H2 o) \- F: L
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 j1 L7 b0 l0 i6 `; ?
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
( E+ E: Y1 Q3 o" J+ o(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of# x' A8 y# a4 P B+ {; W% _8 U1 B) A
this Act as if it were a re-determination under paragraph 59(1)(a) if5 k% W6 j& a; e- ?7 Y, G' J
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( g- R5 m6 p6 F. k, m1 k" j
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 \) B: O# ]* x# @# r3 v2 C3 Deligible for preferential tariff treatment under a free trade agreement; or- U5 y% W; i8 r$ V; o
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
# _ F: q% j0 X# C/ Vbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
1 _& P8 q4 @; ~9 V; u9 Mincorrect.
. Y/ a+ y/ \9 I/ A; t% z5 ^(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ _6 k S9 V ~6 j' R. C) E' G+ B6 [(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' k$ K/ G3 v m2 S" H# Rother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ A/ ?% J) ~9 i/ [8 E) b
were a re-determination under this Act of origin, tariff classification or value for duty. q9 \! e$ Y* O+ u/ t
: N; i+ P) [! G& Z' @这到底是说可以还是不可以啊? |
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