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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
9 Z( L a$ X+ p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
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7 v) ~6 X. s; k. SRefund Requests3 a' X; i5 i: c" M
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* B, Z: Q: ?7 k$ m$ G: J4 tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ M" I! r v# ]7 V( \* w
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
- I8 |! P: n+ R4 I2 y(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
" _* @+ G% u7 o- e( S: L8 uCanada to the time of release;6 g1 m/ h" t' E. r2 R1 Z6 P* ^, B4 R
(b) the quantity released is less than the quantity in respect of which duties were paid;
; L+ `" h# U2 s' s: t9 ?(c) they are of a quality inferior to that in respect of which duties were paid;
. `8 h% ^. u! ?! p! X$ f. y) d(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential5 k, |4 k8 J I
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
. E! J- F: Y7 W5 `5 Pcase may be, was made in respect of those goods at the time they were accounted for under8 L/ z. p' Q! M) f; s" R0 C A
subsection 32(1), (3) or (5);
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% \6 v7 l# [& O2 e(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
) U5 i8 h' e3 S; O6 F5 b5 \* ~preferential tariff treatment under CIFTA was made in respect of those goods at the time they are, `9 y; M" @) U7 K5 A ]9 ~4 s3 v
accounted for under subsection 32(1), (3) or (5);
! Y' y/ I9 {4 R* B(d) the calculation of duties owing was based on a clerical, typographical or similar error;
1 @$ F- D7 Z; s' n0 I& j' N(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* R! l: b, B8 z! F. A
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or3 H8 [. X" V N1 n
value for duty in respect of the goods and the determination has not been the subject of a decision
. M" [" Z1 [) J, {6 u5 aunder any of sections 59 to 61;
. z; y6 v+ i. z0 }/ |(f) [not applicable to non-commercial goods];
8 k8 M/ V, D8 I( L, J* ~2 a(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 ]) m$ X! _; r& d
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 o/ v& _8 F6 o/ A' S
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of6 M0 K2 D; z4 w5 ?9 m$ l: x
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 o9 P3 P+ [6 _7 t5 E h4 W(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 g2 ]( Z( m: D( Punless written notice of the claim and the reason for it is given to an officer within the prescribed time.
7 \4 Z+ C# Y' a2 a(3) No refund shall be granted under subsection (1) in respect of a claim unless
" q& B; t% l' w; c(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
6 }4 Y; @) C+ srespect of which the claim is made or otherwise verify the reason for the claim; and8 v) D3 E+ |7 J8 d4 E
(b) an application for the refund, including such evidence in support of the application as may be
: f+ Z! h, `" u A- L+ Nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the# t% A7 K% l# j8 V2 p
prescribed information within
( m+ C4 y! u+ @# {$ ~+ \% |(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
0 n5 B- U# @: R: ^( A0 g6 qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and( i3 N7 J; M6 q! z
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% \. i5 u6 G5 k8 Y9 _% e) Mwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ Q/ C9 w9 m) H! R7 Z' `, e l1 @5 m y z
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
0 M2 _5 I3 M0 ]% i; V+ Ethis Act as if it were a re-determination under paragraph 59(1)(a) if, C- u, i4 _+ R! @" b$ h! f
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied3 g% O( Q( O, n$ o+ _ J! i
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
( y* P7 b- |; E' @& Heligible for preferential tariff treatment under a free trade agreement; or( p1 @" |7 U( n( D) @- X) R' L
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ o8 _' N' L: E+ u( x# ~
because the origin, tariff classification or value for duty of the goods as claimed in the application is
6 \! Q2 `" b! j, D' n* {% ^incorrect.
; `3 f8 e- Y" F0 b$ Q3 V Y+ A7 t. e, r(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),: t) E1 C6 F+ i9 a) b
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 R8 Z" S! c5 _6 L" \1 Z8 g% M8 Y4 a
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it/ C9 w) Q" t5 V* `+ \* {
were a re-determination under this Act of origin, tariff classification or value for duty.9 v) R; x: C, @& u
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这到底是说可以还是不可以啊? |
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