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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* G" p1 C- B" B/ R$ x, Y5 p: R- z* g
上面说 非商业 进口 可以免关税?/ L* v3 d4 ~: n% r; Q) ^& C% }! N
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf! d; f% t3 H/ \3 O" D8 l7 B" Y
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5 |( G3 @1 L- C0 Z. J8 DRefund Requests
; ^4 j( o* H! y4 F+ ^74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
' w3 q! N8 [# O5 g0 P, p" F. epaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 B0 l# f& [" }$ K1 \! V Fof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
6 t) Y; C8 M4 n6 W(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
! U" Z2 s7 R) Y) }, {2 yCanada to the time of release;! [: m5 B2 j! E3 L" J7 `' t9 c
(b) the quantity released is less than the quantity in respect of which duties were paid;
$ l$ g7 x0 T6 Z1 b(c) they are of a quality inferior to that in respect of which duties were paid;
) }9 ` ^ u8 \# Y' `5 C(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& F5 X6 x* k6 t# P9 Rtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 R7 r+ m7 z9 m/ h0 p/ k1 a. ~case may be, was made in respect of those goods at the time they were accounted for under
) U& x: N4 x/ g- ^ \; s. Esubsection 32(1), (3) or (5);
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* H( A1 [6 U H/ @% B3 `(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for# o+ ]& r* G+ X: e! L
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 F2 Y7 r: h" e1 m j' ~- p
accounted for under subsection 32(1), (3) or (5);" |1 ~, u* T/ R8 l
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
9 M6 h& A b" f' `- F( u1 W(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)+ c6 G7 o5 _" x' G0 V9 U0 ^
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or) F4 i$ S5 U! \
value for duty in respect of the goods and the determination has not been the subject of a decision( M# K1 A6 c, f
under any of sections 59 to 61;
0 b$ `+ C: w' F: P6 a0 R ]8 l(f) [not applicable to non-commercial goods];- ?, p3 o, Y: u
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; C/ {/ r6 K- a0 x8 b(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
' j, k' Z% i! M X3 Z' don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of$ _& E% s% Z/ R1 L. h( B, B* e f
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
p) `! s7 U( r4 Y(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 {5 j7 I0 `6 @ n8 t7 u5 c: P
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 B9 W& B$ s+ @% g8 z/ O8 m: L3 t* b. _* P(3) No refund shall be granted under subsection (1) in respect of a claim unless! A8 A b/ C6 h% o: y) F5 Z, S
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 U) H( @+ w3 O0 q( l( [% m2 D1 D
respect of which the claim is made or otherwise verify the reason for the claim; and
; T; _% S; A9 G5 [# N" l9 Z7 I: c(b) an application for the refund, including such evidence in support of the application as may be
; d8 n+ U3 w* l( U$ Bprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
" [9 r; u. l* o8 {; v# s. H lprescribed information within ~! [8 T) B; ]# ?5 v! ?, r3 i
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
* x% A8 ~8 W, L' Sor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% k/ e+ i7 x6 o* S2 M4 {(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
* H" k) Y p1 bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* b' B3 n' H4 n/ V0 `(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: g- F2 t/ m6 E1 ^# g) tthis Act as if it were a re-determination under paragraph 59(1)(a) if( [7 o$ ]8 X( u, i/ ^9 W) t" c
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
, o1 _: q% p6 s; J6 [because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
) h& v+ {1 P% h6 c4 c9 z: Jeligible for preferential tariff treatment under a free trade agreement; or
5 U% r! @9 s Y* o: a+ j" M+ h(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ R4 g7 a3 I% V! e: r4 Z( Obecause the origin, tariff classification or value for duty of the goods as claimed in the application is
6 ]" i. \; o5 L8 _6 n! x# i0 Zincorrect.
2 U% {0 J( S6 N3 ]- H0 F5 T; t. J(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
5 L5 m/ X+ D4 k% `4 D1 |, H(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 f% F- C5 S* {4 V$ Z: g+ K0 C
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ k( r0 m( q/ P
were a re-determination under this Act of origin, tariff classification or value for duty.
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