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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
: R) r& L0 m* J4 ~, n, Z; H, c上面说 非商业 进口 可以免关税?+ `! S6 C, q( c4 }( t
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3 A* Y3 A0 e# Bhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf* d6 O. b: a! }9 P0 z4 \
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4 `9 M. V7 _4 \/ n# Z ]Refund Requests
/ _3 J2 e) L% y; b2 V( `, q74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ I# i l* \$ k9 p* _( u/ l: J7 Fpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( U# I1 j3 f1 N. W' k
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 B/ J2 p/ h1 W(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 C9 H c* Q) M( rCanada to the time of release;
$ M" f) F; P2 g/ f6 A8 p; i(b) the quantity released is less than the quantity in respect of which duties were paid;
2 ^2 I- e H' m! D' @+ F(c) they are of a quality inferior to that in respect of which duties were paid;
* m; y/ `2 s n, y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential" V( f; V2 U7 H3 Y9 B, \, E
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 I& p/ a1 ~) B u8 M$ \
case may be, was made in respect of those goods at the time they were accounted for under" O% ~5 q% `, q! U" ^, e! ]4 A
subsection 32(1), (3) or (5);2 v6 {4 {- M6 B6 w4 K# S
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' l- _* u- L) \- I$ K# s(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
+ F# n2 [- h" T- l/ ppreferential tariff treatment under CIFTA was made in respect of those goods at the time they are1 m5 i, Q! b! L% F
accounted for under subsection 32(1), (3) or (5);# W* Y+ ?& N3 a! m5 D
(d) the calculation of duties owing was based on a clerical, typographical or similar error;' U7 G6 N" Z8 C& ` h6 V4 `# Q1 ^, S7 @
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ g: D' E* O' i* p% n1 C
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 J& J/ D+ {( j E
value for duty in respect of the goods and the determination has not been the subject of a decision
2 T; W/ ~7 ]' \& Aunder any of sections 59 to 61;
W2 [4 B. s( Z4 q/ }6 `! ^9 t(f) [not applicable to non-commercial goods];
; j/ U, `3 ~1 N/ d% E(g) the duties were overpaid or paid in error for any reason that may be prescribed., L4 y9 X/ S! G" d2 h6 d
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based2 H4 g/ u& g# M* |
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) `# |3 j' T. x5 r& q' R; U9 T
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
% s! p9 f' J1 Z; s(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
+ T7 C3 {4 W0 u5 runless written notice of the claim and the reason for it is given to an officer within the prescribed time.
# @: q G. `* k% a+ k(3) No refund shall be granted under subsection (1) in respect of a claim unless
$ e) P1 c- |2 e" O; [9 |! L(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
9 ~8 e$ U3 b! @" f. v( hrespect of which the claim is made or otherwise verify the reason for the claim; and
7 u6 L2 k5 I S9 h7 g }4 t(b) an application for the refund, including such evidence in support of the application as may be% ]. H; n1 E, k1 `. H2 S
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
( v9 |: Y# _3 E; z8 O9 y, Oprescribed information within
. D% ~( T& O! L; K(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
+ M k2 n; i! J5 x: y3 Z9 t9 for (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and" q; P% n5 u! D' `5 m; x
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
+ X1 W# F+ u2 R" swere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
2 ~. H" y2 @' w0 Y8 j" X( s(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 H2 Y' }; ^1 M/ uthis Act as if it were a re-determination under paragraph 59(1)(a) if& U R4 {! G( `9 d
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
% O+ i) E7 G1 [$ d. Ubecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not" S% i; A. m# w$ R0 S( @
eligible for preferential tariff treatment under a free trade agreement; or
0 v3 n$ I }9 d% W K0 B(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
, R4 c! \! m2 G8 Pbecause the origin, tariff classification or value for duty of the goods as claimed in the application is! P7 F* j3 ^: \: [2 U/ J
incorrect./ |( e; f6 T; X2 z# _9 @* U; \
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 T6 ^1 ]( O7 k* Q% k
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- g4 t) O% `/ _8 |0 R# w
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it; p( ~ x* \" ?0 g
were a re-determination under this Act of origin, tariff classification or value for duty." @5 r( D# I1 M' K4 p
- _- X3 h2 K' Y0 H! y这到底是说可以还是不可以啊? |
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