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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
: F) D& H. y- ?3 i! H上面说 非商业 进口 可以免关税?, c8 S& G: k+ q6 [6 F1 b% o9 h. ]
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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N9 u. b: c1 B& M! W8 |# {Refund Requests9 w7 ~: y& a& |5 d$ R, N/ r1 c8 L
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
9 n9 w! g. W# H! T& Vpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% X g6 n Y3 m' d) Lof those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 [3 q9 _& F/ m, A% W3 I
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ B% ^) G" i4 N$ h0 j& t9 I, [# w
Canada to the time of release;
, X6 }( h8 F- ](b) the quantity released is less than the quantity in respect of which duties were paid;
( Q6 |/ t0 s5 G+ h* x(c) they are of a quality inferior to that in respect of which duties were paid;# ~0 j& ]% Y9 a4 i8 R
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential7 n/ V) s: {1 z5 |6 Z1 u
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 Z# V: z$ l: @! M' p/ `case may be, was made in respect of those goods at the time they were accounted for under( Q! s0 S" w: Q! b) k
subsection 32(1), (3) or (5);/ q; ^# Y1 {. z) W0 n
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, S( t& \- J5 L, d(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
1 C+ ]' t% U2 z. epreferential tariff treatment under CIFTA was made in respect of those goods at the time they are: B+ W2 D: j7 t% R% T
accounted for under subsection 32(1), (3) or (5);4 w0 t5 g) v* p" H3 J
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 n6 o9 M8 _6 \; n. V. r* h. s% W E$ K(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
) e# W1 W3 V- x4 @' N @1 Xof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
V v x$ e( A( O _2 @value for duty in respect of the goods and the determination has not been the subject of a decision
8 \. ~, u- d- m4 K3 bunder any of sections 59 to 61;
! K5 X1 X; S, u! `: c. h! S8 n(f) [not applicable to non-commercial goods];, ]( C6 e: u. b6 j' ?- q
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, I# f1 ^# I$ r* C1 F: V(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based G: \1 t: q; h; w' w, i; {
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
. j8 U g) U$ g# Dthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 }* r( x9 r# R
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim9 w @. D! r. M( L/ H! C3 s/ I. Z
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) W* {7 R- L/ u4 o$ J- E/ {(3) No refund shall be granted under subsection (1) in respect of a claim unless
( ]5 j7 W" G) v/ t7 ?6 }, s+ M(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
; l/ |4 e. |! h: D& g" prespect of which the claim is made or otherwise verify the reason for the claim; and6 D! T0 t" L5 ] e5 g! E
(b) an application for the refund, including such evidence in support of the application as may be
( x: ?8 R b. i- Lprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
' `; R3 K" o. J5 d8 }8 _prescribed information within
6 w% K" B# p" r- J8 K5 s D(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# v* S; \& U; B' d5 R2 m$ v6 @* Z& sor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
! f. N7 n, e# ~* S( @& h7 w(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
, f: ~* G% L/ r# N0 hwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* l5 b" _& W* B5 g9 _" Z- w* y9 S! h(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
$ _1 X* g6 S3 V R- Y# pthis Act as if it were a re-determination under paragraph 59(1)(a) if
4 x' A V, S1 t9 o# |(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' g2 T/ @4 Y+ `. l- `
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( v- s ^) L" ~7 V1 l0 x; c
eligible for preferential tariff treatment under a free trade agreement; or
* L8 ]/ k1 o' f/ ?& Y- q(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
& E& Q; b3 p% g5 H* Q \) c- wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is/ O6 d- G1 N1 Q
incorrect.: c' c9 k, v5 b m9 X
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
8 W' X+ @2 F. X% v ~$ E' f(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
5 n3 j3 M1 T" e' v. V% ?, U; yother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
( E" v0 T; S) U' V, P5 K8 twere a re-determination under this Act of origin, tariff classification or value for duty.4 ~% @% H0 n" _3 G6 S4 g; z( A
, S& D4 N8 s! ~这到底是说可以还是不可以啊? |
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