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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
" f" b+ k, p8 f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.pdf# |; S% K, M0 p# ^; \1 J
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Refund Requests# f6 S4 |( I+ \) j& a; {
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
4 u' _8 [$ _* J- g2 lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( U- T$ t w3 n7 b
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if) v, g+ g" G. l! e8 F7 @
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 C) I- \3 e% XCanada to the time of release;
+ g9 r" d# k4 q, a! N(b) the quantity released is less than the quantity in respect of which duties were paid;
* e N( c2 C; n(c) they are of a quality inferior to that in respect of which duties were paid;
' D5 _$ ~( {; V6 }& s# T(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; ~, `/ [3 f e1 r" ?
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 b) D% W3 e& c- Bcase may be, was made in respect of those goods at the time they were accounted for under8 p. R! ~+ [# j5 Z/ M0 G4 f# W
subsection 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+ m- Y' H6 N: M; n7 U. w: a( r
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
! E. x' j! q; `3 ]- Waccounted for under subsection 32(1), (3) or (5);
( [1 b0 n# }# y' r(d) the calculation of duties owing was based on a clerical, typographical or similar error;* X+ h( Q# q/ ^4 @
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
0 C, i+ n" `2 nof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
8 R, w; ] P. R3 F/ `$ gvalue for duty in respect of the goods and the determination has not been the subject of a decision
' f& ^4 V. O, [" @under any of sections 59 to 61;
. _( w0 p; O7 u% {% n a(f) [not applicable to non-commercial goods];
8 ~3 Q1 M1 L9 H8 [- ?0 ^(g) the duties were overpaid or paid in error for any reason that may be prescribed.3 o9 g2 c P& c) @. a
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
; g- p/ v( Y3 Q0 [& M4 ton tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of5 [ H$ D- f3 k0 ]) n
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
$ _ X" A7 v9 t/ H9 i+ B(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
* ^, ]# M! m/ B; r1 p+ v. Lunless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 D O! l$ W! { J A* A( b
(3) No refund shall be granted under subsection (1) in respect of a claim unless
, A( V" O; X$ N) _! O(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% T6 m; G+ M' i
respect of which the claim is made or otherwise verify the reason for the claim; and
- }' x* d* V+ ?' L' ?2 Z2 d(b) an application for the refund, including such evidence in support of the application as may be3 r N N! G6 P' q& r
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 k3 |& w4 M5 M/ W; i; D
prescribed information within# @6 z# {- x: t; m
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 t6 Z( a5 [' \4 _7 C
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and. \# b: v9 E8 d. c
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods' l: ?. ~! k8 b. S
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed. ~* E1 E6 _+ [
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of# j8 y( w' i" ]9 v. f1 E/ |" o2 j
this Act as if it were a re-determination under paragraph 59(1)(a) if
+ n4 K8 V" {1 W- a3 L0 H0 p(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: V0 T, _$ [: H7 P! q3 L! Ubecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
$ ]# i8 E( Y- P% h4 Eeligible for preferential tariff treatment under a free trade agreement; or
0 S4 j8 Y5 q( Y, x+ V(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
2 k6 ?: u$ @; Ubecause the origin, tariff classification or value for duty of the goods as claimed in the application is
; p, y8 g8 J1 T) ?incorrect.8 ?& |5 g7 Z5 W: [; M4 w; r/ n
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' q1 T/ c% ]. W+ V* n(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ ~: _& S" Z! k6 I( t
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% m' u) B1 N/ t1 E( U, h% {0 g! @were a re-determination under this Act of origin, tariff classification or value for duty.. | E# ]1 v! R9 Y0 s& \
( v+ s; W* H" w' |, O( ], `这到底是说可以还是不可以啊? |
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