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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
" E8 z- R) ?+ b2 G8 k上面说 非商业 进口 可以免关税?1 `% F8 Z( y$ C# V8 p" X- ?
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6 z/ S" a. m Phttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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/ g# Z$ K# U1 u- e4 q; xRefund Requests1 U' X9 |, U; H! G
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, C" l2 F& S6 Z9 v2 n3 N" `* Gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part n( h% \5 Q+ {
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if" a8 g' {) { q& [5 d/ G, y3 u" t
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
7 h& s$ |1 r" SCanada to the time of release;/ R3 M5 c; G/ V7 f% @# e) }
(b) the quantity released is less than the quantity in respect of which duties were paid;
* S' ?2 N' v, A2 a0 D+ ~7 D(c) they are of a quality inferior to that in respect of which duties were paid;
- u1 {7 x3 O9 i: K- S: N(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential' ?0 n+ x+ b# u; C/ V% W2 d
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 h0 T2 L& Q" T, l; _case may be, was made in respect of those goods at the time they were accounted for under ?, t3 P3 w; u1 h" N* O8 D
subsection 32(1), (3) or (5);% x n( B& Q8 D3 x
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for& L5 s) o1 [4 U6 k5 T
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 C+ y3 ~4 _/ J; I6 _: r+ iaccounted for under subsection 32(1), (3) or (5);
) X' ]3 f( S; Q(d) the calculation of duties owing was based on a clerical, typographical or similar error;
* A. T2 E- E) `8 n3 `! z. ](e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)4 i* P3 l2 F9 `8 L" q$ C3 O
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 y+ R0 y4 B0 @value for duty in respect of the goods and the determination has not been the subject of a decision7 k( {, m7 L! f
under any of sections 59 to 61;
8 D. O7 y& G/ ?: |% S(f) [not applicable to non-commercial goods];
e0 i" y: C& s ]$ @6 e(g) the duties were overpaid or paid in error for any reason that may be prescribed.
]) h* N4 t) h3 b5 H6 x# k(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based! e/ `4 V+ i* i+ H5 c% V
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; Z8 M* u: B& M5 C+ mthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
. W( Q! z7 T& i ^(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim( i6 Q2 P( n: t7 z9 u
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
. z4 |8 I7 Z# w0 u- h; h% s(3) No refund shall be granted under subsection (1) in respect of a claim unless: [( ]" G [( {: Y0 D
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
+ [7 n1 A) W) h3 a& K9 Z9 brespect of which the claim is made or otherwise verify the reason for the claim; and' g7 y2 i, l) X( s
(b) an application for the refund, including such evidence in support of the application as may be
3 z8 |& l; H; p0 ~/ N$ aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the# U! t3 p! {1 E+ U2 |4 F U
prescribed information within0 q; g7 e, O2 `/ v9 s$ T
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
8 c/ R7 j8 b- E8 B3 j3 Wor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and4 Q4 k# ]) P0 L0 i
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods" Y: a+ O' Z' a' m {
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.0 v/ D- I: u- s r5 V' v; v
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! ?1 ]% m* v6 t* _1 U9 [- ^ P3 jthis Act as if it were a re-determination under paragraph 59(1)(a) if0 ^ G& r% _# {2 I
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ n# l1 l" D r7 _" R. a8 X. Kbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; e1 R, T8 S9 l9 b" L0 a
eligible for preferential tariff treatment under a free trade agreement; or! _# P) @6 }0 x' U! w% k
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. ?7 S9 F9 h2 ]6 u
because the origin, tariff classification or value for duty of the goods as claimed in the application is
1 t/ A* W4 _% d( N, F7 @% d$ ]incorrect.' J9 V+ e) i( {- G% h% [7 i
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ y" U% f& l; G$ u1 Q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" n/ X! N4 ^# n6 nother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
; A6 r7 D# ]/ G M3 L' {were a re-determination under this Act of origin, tariff classification or value for duty.
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6 q7 ]4 S1 t* e1 n( F# o这到底是说可以还是不可以啊? |
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