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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
: p8 q% g" x* k$ t, J上面说 非商业 进口 可以免关税?3 ]# S+ U# {& E
, ?7 Q5 a: q' B3 b+ c( [8 A+ c- F& n; v9 B7 s# H
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, |) E* G4 o# @" x
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Refund Requests
: U! m( R) [' f6 w; f74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: b1 d6 G8 y6 g8 L7 `/ W2 h: }paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part- o1 G o. N5 m5 b3 n6 Q' Z, f7 r0 s; T
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if" t& Y5 r& Q7 ?4 v( ~% v
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) K/ O/ g. I6 k) q+ B2 X* Y6 FCanada to the time of release;
. j3 ^$ R* ^+ e7 U(b) the quantity released is less than the quantity in respect of which duties were paid;
+ Z/ Y- f$ L5 x$ e( ~2 ]! a(c) they are of a quality inferior to that in respect of which duties were paid;
, m* K" Q9 h ^: R- |# N(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
6 D8 _, {) u+ H& J% I$ r L# htariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the2 Q5 L$ C% D: K2 C1 G
case may be, was made in respect of those goods at the time they were accounted for under
% p# a/ D* v& V8 osubsection 32(1), (3) or (5);- W, M5 A9 o% }/ D$ R+ e/ O& t
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for8 ]9 H/ I/ t1 [. l, X
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are" Y' A( h9 V, l& Z' z
accounted for under subsection 32(1), (3) or (5);
) i; f; F. b8 r! o) n7 k! H! V(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 X+ b' x7 ^- X ]1 G, Y(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
+ M5 p( K+ e/ B" i# gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
7 v+ g) y4 J0 R% m. e( q8 _value for duty in respect of the goods and the determination has not been the subject of a decision! ]3 \; K( x, m* f
under any of sections 59 to 61;
- q1 b4 _4 @9 K0 {1 ]8 Y(f) [not applicable to non-commercial goods];
2 _+ {: X3 C6 }7 G. V, Z( T+ N: r& n5 F(g) the duties were overpaid or paid in error for any reason that may be prescribed.: w% h8 l s S1 x5 l
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
8 j; f) K1 H1 R$ O# Gon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ D: c V" c; N9 q8 wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).( K, d& A& ]$ E8 B3 m$ W1 g2 ?4 c! O
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 a8 ?) g. a& N2 R. Xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.: L0 V- t ]3 b+ c3 V
(3) No refund shall be granted under subsection (1) in respect of a claim unless
; x6 \" \2 Z8 z(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ C+ B, h) E0 S% _& Vrespect of which the claim is made or otherwise verify the reason for the claim; and
) R* Q8 L- u c(b) an application for the refund, including such evidence in support of the application as may be/ _2 d4 e, v# n8 n. y: Y9 [
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
* D9 d' ]2 O: J, Q" G3 V7 Iprescribed information within; c$ C! M K/ o" O$ c" |2 c
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
8 s G" z$ G8 _0 S sor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% M# ?) H f' f3 T' e* M/ u6 n" _6 P(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* |; O$ ]7 r! t9 n4 n( A
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 ?5 e* ~: e. ]
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 U$ w( [( C! k; p
this Act as if it were a re-determination under paragraph 59(1)(a) if+ E" Y) `8 X. C4 X
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
r- O# G. \+ |% Z: _2 @2 k% h& ^ Zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ y L( d7 G' Y! [- H
eligible for preferential tariff treatment under a free trade agreement; or y+ y: V% i) \0 j4 Z8 r
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied& a& w3 A- n. R* u* Y
because the origin, tariff classification or value for duty of the goods as claimed in the application is7 \1 D# _# |' d$ c
incorrect.4 r) d$ Y, u6 ~: K
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) h1 u( l; r9 c3 e, L(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 \# L$ y1 q9 _. D5 f" @) l! {, ~
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it: v3 K& E# R8 R7 g( O" u0 N" l( }7 V" B
were a re-determination under this Act of origin, tariff classification or value for duty.
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" \/ x+ Z/ T' T4 W9 t4 w! [7 V这到底是说可以还是不可以啊? |
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