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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
* b! g; Y; f# F& l* \上面说 非商业 进口 可以免关税?3 s5 I) [- K* D: L! p$ W
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf1 t2 {; D$ A: a+ ^7 k
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& a, e# d) {& V5 H' ARefund Requests
" q5 {& } v$ h2 j9 S74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who9 g; g9 q! j- p# Y& u L
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) z; B3 `( ?1 D3 ~of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
# \ D# f2 r. v0 v& W(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ x9 F8 T2 O# i# D' ? A9 v* B2 ]
Canada to the time of release;
8 P" k% b2 A' a8 l9 }(b) the quantity released is less than the quantity in respect of which duties were paid;
( F5 s$ k9 S4 p2 N9 N5 n8 @# n5 y/ s) K(c) they are of a quality inferior to that in respect of which duties were paid;
4 v3 U) o) y( m(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- x T. T1 \' J9 _5 E4 [tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
8 S" c1 b0 g* n0 Gcase may be, was made in respect of those goods at the time they were accounted for under
7 x+ a$ P. B$ E, U+ y4 _/ _5 ssubsection 32(1), (3) or (5);
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! u8 W7 ?0 p5 X1 L O(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 g# V% @$ W* F+ ]+ hpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are0 {2 r6 i, q+ H$ O
accounted for under subsection 32(1), (3) or (5);
; y4 ]1 }. `+ U! ^: C' W0 ~# N(d) the calculation of duties owing was based on a clerical, typographical or similar error;9 V3 R p3 U- H' _- _, q
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)! V" S; r. U* I4 K. Z$ } Z7 @5 l
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or2 [& s& ?; U& C8 c+ v
value for duty in respect of the goods and the determination has not been the subject of a decision
& j; f& L% e* K5 v0 vunder any of sections 59 to 61;2 [. d2 }3 }# w0 x/ T- t7 U
(f) [not applicable to non-commercial goods];
# Q) Y% p) h8 U( @$ c! ](g) the duties were overpaid or paid in error for any reason that may be prescribed.7 G) E" J" t8 H+ \
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based6 s' Q5 i0 r! E- _
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of& j( @- i/ }9 c
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
* O) k6 B% {$ Z1 e(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 Z, y) {# V, t, X! Wunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
r% }% P; z" K1 b- O6 @; h(3) No refund shall be granted under subsection (1) in respect of a claim unless
( g; X- L8 V* o2 P" u1 I& f$ M" Y(a) the person making the claim affords an officer reasonable opportunity to examine the goods in8 h% r& D: j8 A% h
respect of which the claim is made or otherwise verify the reason for the claim; and
4 O1 O" U+ B% h& G! q(b) an application for the refund, including such evidence in support of the application as may be
6 d4 v) m5 A# j$ Lprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the s; s' C4 [$ {# f, v# t6 j% i
prescribed information within
& c) f2 e) v2 }1 O(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)! N: j3 D& k. K! S
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
7 z% e9 ?; e& i(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
" r9 A7 S6 h1 h7 O8 hwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
$ `/ c- V7 i- I) u(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 I) _5 s4 j0 D6 G# o+ k5 l# Ithis Act as if it were a re-determination under paragraph 59(1)(a) if
& A L6 T& [; j* p6 P(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& x) g% o- e# V+ g% _$ {because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 @ M, ^( s% J" D6 J7 p+ l" R% m6 Z
eligible for preferential tariff treatment under a free trade agreement; or
. \+ j } ?" d(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
+ ^2 _. O- \1 e' d. [/ ?because the origin, tariff classification or value for duty of the goods as claimed in the application is7 a: d ?& v- E: E* l; R8 ?2 Y8 L
incorrect.
* m# j& j4 m: H) t6 j$ t1 L(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 D4 T4 l# B9 u; p# c(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
/ y; T8 O1 C4 O1 Y) y' @other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it5 c6 t' @3 |! o4 o! T/ D7 |
were a re-determination under this Act of origin, tariff classification or value for duty.
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+ N+ a. z) i3 E% T3 q这到底是说可以还是不可以啊? |
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