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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
" O( B2 ?: s* X! o+ j- V; `# M上面说 非商业 进口 可以免关税?! }. J9 }. ~, d
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; p5 q; r! v' p$ @http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests# o5 S- Q* N, T1 t5 w' }' l, O
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
& g& g/ B" r" ^% O6 v: `- ?paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- a1 a1 v4 z. u( V4 A3 jof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ F/ N/ O+ @( [5 F(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to3 J1 e5 P: X& z8 @3 n2 D D8 Q
Canada to the time of release;
5 O8 Z. |! @% s) c- Q(b) the quantity released is less than the quantity in respect of which duties were paid;
5 E: G; m Q& D8 }) ^; `# L(c) they are of a quality inferior to that in respect of which duties were paid;
1 D, ^# \" d6 T% v) R5 q6 T; }1 t5 @6 D(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential4 X0 r- ]7 M9 `" V# O
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) I6 z) }' d8 i; Z+ Q7 l, i: acase may be, was made in respect of those goods at the time they were accounted for under$ y8 l E7 z4 w% P- Y
subsection 32(1), (3) or (5);
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+ p4 t6 {4 R" J3 h(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 O: D3 [; Q8 z) c) s3 _2 `preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
- g- W: F5 P- M8 D3 _2 ^2 G, maccounted for under subsection 32(1), (3) or (5);- l b2 C' | y% d4 W
(d) the calculation of duties owing was based on a clerical, typographical or similar error;+ C- A p0 F# Q, L" b
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)( A7 K$ @! _8 o0 l3 {
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or P0 z: x0 B8 P, \8 P9 w6 A
value for duty in respect of the goods and the determination has not been the subject of a decision
- z6 `! ^ u+ j+ V' m5 u' Sunder any of sections 59 to 61;
/ d0 g i: J7 }+ }+ y7 J(f) [not applicable to non-commercial goods];, [" S6 h7 K# h" ?. n) i5 ~
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
5 @) V- o/ G3 ?/ H$ S/ G" v8 ?. {(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based! k; `0 F& v6 a3 Z' ]6 Y: h
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
7 N6 |+ B' ~9 }( pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- \" x, R( r6 p: C; f3 N(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) O& f3 C* N* M4 ]8 munless written notice of the claim and the reason for it is given to an officer within the prescribed time.; O6 z( X! t/ b
(3) No refund shall be granted under subsection (1) in respect of a claim unless$ k9 ?: c( {; L2 f
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& O0 k, a8 H9 ~! A, |5 Srespect of which the claim is made or otherwise verify the reason for the claim; and4 l& K9 G" v5 z' W ~1 c/ G
(b) an application for the refund, including such evidence in support of the application as may be8 J) w& m$ w/ X h0 x
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the* f" t9 s' p4 j/ [8 j0 G7 {
prescribed information within' v. A# L) k$ J0 X- K% t
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f), k0 D5 x' M& T$ R& @
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
2 ^# I* t6 {2 r2 Q+ p9 @& O# B(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
9 [5 g" d& y) qwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.; m# ]* @, ]! j9 T; U+ {( W
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of/ w2 F% d+ F* P5 z1 K) k: C2 `
this Act as if it were a re-determination under paragraph 59(1)(a) if
$ N" x8 Q: o( v$ a! @+ Q# u o$ D) U(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied @% S* S( D+ z# A1 d- ^
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
1 t! c( B: H" T4 L2 eeligible for preferential tariff treatment under a free trade agreement; or
/ c% ?7 X$ l: |: T, j) e1 p(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied# `! ~( U! A/ p
because the origin, tariff classification or value for duty of the goods as claimed in the application is
/ d+ z9 H6 x" \incorrect.6 T* c5 ^9 ~9 s. H2 J. S8 N8 p+ H
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
* X! v& t4 u8 r) _" Z6 T& e& n$ L6 M(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
7 R s1 A: } F7 H4 `other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it `% j/ K# j4 Z* ?! I: {+ y' j
were a re-determination under this Act of origin, tariff classification or value for duty.
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u1 D4 z3 f/ ~) U这到底是说可以还是不可以啊? |
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