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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations8 a! h& {' d/ a4 S
上面说 非商业 进口 可以免关税?+ C7 z- U6 `9 B4 h8 V( ~
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4 {% o9 w/ \0 }. ]% Ohttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 b" v: T7 h9 Y; l
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7 B% p: ^+ h5 c# ~ S$ n4 F/ xRefund Requests
4 F* `: m4 y4 r& {( q74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* d* F* w. J/ }+ U( ^, _7 g
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part9 @$ l9 Q1 w: f. [
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if K7 d- } B/ M* o
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to* n( s5 ?# V- [$ u
Canada to the time of release;5 ?& q$ }* v0 t; J+ g
(b) the quantity released is less than the quantity in respect of which duties were paid;4 v4 c' a4 c, O
(c) they are of a quality inferior to that in respect of which duties were paid;6 B7 p! h5 t |% }# p! Q
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. Z& M4 w- D7 J: etariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 d4 s2 x+ c! s1 b' |
case may be, was made in respect of those goods at the time they were accounted for under" o8 F; l+ n s4 ~
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
; I3 Z% u7 T, x# @0 H4 T5 Ypreferential tariff treatment under CIFTA was made in respect of those goods at the time they are# @& C/ r* S: U" E( {
accounted for under subsection 32(1), (3) or (5);
6 C4 E2 J( _* z1 x) k5 [(d) the calculation of duties owing was based on a clerical, typographical or similar error;
! m1 M1 f: u1 `2 `(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* d" H7 g3 e$ ~( w' K c2 H
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or" p/ u+ r' ~) ^
value for duty in respect of the goods and the determination has not been the subject of a decision
/ H. e/ }/ D% B' N* Q! xunder any of sections 59 to 61;
: d* K' o4 `- J% q(f) [not applicable to non-commercial goods];
7 g5 D! a! p* ]/ ](g) the duties were overpaid or paid in error for any reason that may be prescribed.
9 C, L- ~5 U' L" u# y2 T: E(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
; e J8 D& V3 ]% g( B% R: won tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of# P' V% F# Z& b$ w4 X
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
9 X* C8 E8 Z/ K' \(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
0 d1 N& ^& }5 V7 |& g* qunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
* x" r& [6 s& x, M9 H(3) No refund shall be granted under subsection (1) in respect of a claim unless# ^; Y$ S* Y/ _+ V: i6 _
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
9 _- K9 h) P& t% Prespect of which the claim is made or otherwise verify the reason for the claim; and! g1 H$ F) _9 l, y
(b) an application for the refund, including such evidence in support of the application as may be
! R/ F0 |& f! X9 i/ y8 ~6 ]prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: [( c0 t% H9 P1 i8 f( G3 wprescribed information within) A) O2 ^( J, u& n$ @2 N2 ?
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, o( a r9 w qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and- `5 o+ K! l8 v" j( U1 B
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& r i: d5 Q* P# Q9 E
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.# a" I" W+ S3 j; b( Y. N6 M
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of: [0 V r: \& _) E1 D7 |$ C
this Act as if it were a re-determination under paragraph 59(1)(a) if
0 I5 l& s; T+ O; E1 {(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied0 {- Q; c( } D& v
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
* g# R$ k' `8 o' {- celigible for preferential tariff treatment under a free trade agreement; or
) \$ D' A* E/ L9 a2 a' n8 B9 M(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
) n2 C1 b# _9 U% ~- B/ tbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
' Q. F8 m V- o$ i' j0 e6 L7 x2 qincorrect.
9 U, E7 S; ]: i: I1 K* E) K7 B(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),8 W: p. A0 T. p
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' x* d& c T' p, K) k/ P1 u
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) e' j) Y0 ], R3 e
were a re-determination under this Act of origin, tariff classification or value for duty.' p2 b J- ~9 H$ v2 ~: ~" M4 G
* S9 G$ h8 \; o G这到底是说可以还是不可以啊? |
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