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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
* q1 _8 }, x3 g) _# ~* n2 I9 L7 r) }+ m上面说 非商业 进口 可以免关税?3 O' I% B- u0 w) ?; g7 V
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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6 r* ]3 r% Y/ P7 o/ c4 I4 v/ XRefund Requests+ U, D2 V1 d5 r6 {2 d2 |
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who2 r* _9 s5 r# C5 n8 c+ W; H
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# a4 P+ M4 f* c7 s
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
V8 b Y/ m$ X(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to9 h; D6 r7 b9 H v& N5 ]( P8 J1 h' u
Canada to the time of release;
% i8 t1 h7 V2 O/ ?" A. y(b) the quantity released is less than the quantity in respect of which duties were paid;
' [+ Q/ F& b" f" r% ](c) they are of a quality inferior to that in respect of which duties were paid;
c5 a C: ?* J+ K(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ N: C+ K5 }$ F2 `8 M& {
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
7 Y% v( Z" _' Ocase may be, was made in respect of those goods at the time they were accounted for under: w) d; L( {) Q \. Q6 H" G
subsection 32(1), (3) or (5);
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- f! {+ ^1 |' E8 T" r(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
6 T3 H6 b4 u @' F3 }preferential tariff treatment under CIFTA was made in respect of those goods at the time they are! a! B: j+ S; X( l& t( G# i. l
accounted for under subsection 32(1), (3) or (5);
- g2 S& r1 r e& I5 i% ?(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 W. j- o) ^- _" d
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)0 u, D" U! k. Q6 b& v( m/ D1 z6 f
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or; B0 Z( k! b/ ?/ H6 y
value for duty in respect of the goods and the determination has not been the subject of a decision& |5 N- e9 I! z# ]3 v
under any of sections 59 to 61;
! C9 r/ {! J D! h(f) [not applicable to non-commercial goods];, ~$ E, \- g) X; g# o
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
6 I1 R8 r1 u3 @5 G7 t(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based/ O( F* a/ ^& o
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
" K% v' P' y. B5 S9 Z. F3 W8 m% m* Jthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! E9 m) n/ {1 v9 R8 h4 T
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 ^/ g+ s4 {1 \* I2 p6 b
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 U9 g" b! w* V(3) No refund shall be granted under subsection (1) in respect of a claim unless2 t5 |2 P. F! s
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 h9 v5 Q. M% {! O1 krespect of which the claim is made or otherwise verify the reason for the claim; and) u8 |; b/ R2 |. ?/ Q; ~7 `& t5 s
(b) an application for the refund, including such evidence in support of the application as may be* H) t/ o# ^% K7 v- Z% y
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the3 n0 Y6 Q/ r: s
prescribed information within# m( ^7 B2 s3 F* u v0 o
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( v3 Z1 v8 L# r8 jor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' N9 v0 ?& b! R; Z8 S- t
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods! E0 ], ~6 n* [ ~) |7 p. a
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.9 I1 t' V6 O3 z( C$ W' W; d4 w& V7 k
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of/ _4 q* f5 D, q. Z5 F+ J3 q) R3 a
this Act as if it were a re-determination under paragraph 59(1)(a) if% v( n* I" R+ l9 i2 R
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
. L" P5 e6 `7 u r9 \- |because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 R# ?, q8 ~, {" {) k0 Weligible for preferential tariff treatment under a free trade agreement; or
3 r; G6 c8 {- H+ Y$ I(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
; | T2 Y# K( N e! T" D6 ^/ zbecause the origin, tariff classification or value for duty of the goods as claimed in the application is- f$ H$ _( U4 q9 b
incorrect.4 b9 R6 M4 |* g8 [7 R) D# z) U
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
f2 _- j& n! @4 M0 S2 r) @(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% Y. ?' B- t/ ^- b( F
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it/ A0 a7 ?0 K& |# r* r0 k$ A& [
were a re-determination under this Act of origin, tariff classification or value for duty.: z2 P, L0 U" w- G/ O1 u9 I
$ W( v2 @7 h8 z" [# V% o3 |这到底是说可以还是不可以啊? |
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