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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
1 _, |8 F# h% D; y5 P+ U上面说 非商业 进口 可以免关税? t. L+ Q/ P- H5 S' u5 q) Z& y
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5 B( O8 m# e' jhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; B/ f6 ^3 z8 N. X. t
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A' F# k- Q2 R2 P5 E" r4 kRefund Requests
5 t' |# t8 G, w4 ]74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
& ?& a0 L4 X9 E" h8 Y* Tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 Z: w$ ]! _9 A3 Vof those duties, and the Minister may grant to that person a refund of all or part of those duties, if7 N0 j! q4 C- r% N% K- y! h
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
! P! H ^) Q6 uCanada to the time of release;# J: W7 c5 _8 G3 j" i# [
(b) the quantity released is less than the quantity in respect of which duties were paid;
% Y* z$ m. @+ e) a4 \& g(c) they are of a quality inferior to that in respect of which duties were paid;
V: x- o( c1 u# y4 a Y8 X! j(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential- N8 ] b8 |! p: T% E7 q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
K3 y! L+ i; N" r( J1 xcase may be, was made in respect of those goods at the time they were accounted for under
% l- ?: R- O9 } _( Wsubsection 32(1), (3) or (5);
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8 W& J# m7 L% X, d(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
+ g2 I y1 V! s: _" Tpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are: U) Y/ f' _5 q( G$ t
accounted for under subsection 32(1), (3) or (5);9 o+ G1 A# _9 l( D
(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 V& L ]% q% A* z
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)$ a" N( A# u! O. }' d5 t
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. O' a3 B( s2 x, b0 M' U
value for duty in respect of the goods and the determination has not been the subject of a decision2 @2 q5 t _) ]& P, U
under any of sections 59 to 61;8 ~6 Q2 ~3 ] P: [5 |6 h: h B
(f) [not applicable to non-commercial goods];& m* [# _& p- p; s
(g) the duties were overpaid or paid in error for any reason that may be prescribed.7 p9 K# I/ x- B2 [# S
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 \ H) X" O0 m% a, D7 q* K+ Bon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
* f4 _# U8 j$ F5 i8 Gthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).' S+ t p4 R. y, l8 Z
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 @+ E8 p4 F9 ~& Z9 |! d
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.( K6 _) V0 o8 N' _* g9 Z# u- o
(3) No refund shall be granted under subsection (1) in respect of a claim unless
/ M6 j* y5 ]5 T7 R3 Z9 x(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
2 k, `' R" \6 Srespect of which the claim is made or otherwise verify the reason for the claim; and
4 s1 J$ k1 r. ^2 J( c(b) an application for the refund, including such evidence in support of the application as may be+ V( ]; B, p: q+ @# X! y
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
! n8 n- r0 Y+ A/ eprescribed information within
% i) o% v( V) m! {. O1 v" S(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ H$ K0 Z. R! g& |0 `+ i5 c
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
+ }' F2 l: B7 F% M- ?. M% ?: W(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods. e/ ^6 k7 m/ f2 t
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
( d1 B& a9 u0 ~; p5 ~(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. w" Y8 V" c/ h Q8 S9 Othis Act as if it were a re-determination under paragraph 59(1)(a) if
5 p; X: @: ?# r" s(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& T8 I# U3 I4 J2 |because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 j4 \% t& E' {eligible for preferential tariff treatment under a free trade agreement; or N' h3 P# @9 R+ D1 u6 B
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 l, ^9 e8 G( H, {) _because the origin, tariff classification or value for duty of the goods as claimed in the application is+ g ?2 T) R$ V1 {
incorrect.. e" F- C" r( C% d9 q! e# O$ Q
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),- M b: k" v8 L$ W1 J2 R
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground! D" ^6 u+ U" `4 q0 ?
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 T- H) x+ W, r5 F. Z; J% O
were a re-determination under this Act of origin, tariff classification or value for duty.
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2 C$ ~. e, H# w. C这到底是说可以还是不可以啊? |
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