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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
; V0 I6 n6 b* ]7 i e. c上面说 非商业 进口 可以免关税?$ D' B/ I- @' f) W8 u" ?4 O7 a
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
1 Z7 A s C8 g) g! S74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
0 j4 C, E* Z# l: d6 r5 r7 D# ipaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ ?+ T2 B+ D& }$ gof those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 d! v& \) d/ J. n ?# v4 p! [
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
, {: I* p2 W* ~% Y0 uCanada to the time of release;- o1 U' E3 @0 p" C
(b) the quantity released is less than the quantity in respect of which duties were paid;
; R' Y; |" V& T9 t3 R2 l* f(c) they are of a quality inferior to that in respect of which duties were paid;
+ }& \ C; l+ }' o; A3 w; d(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential, j5 X$ a/ {7 p, p4 D- h, Y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
7 s3 a( y+ ~: @( ncase may be, was made in respect of those goods at the time they were accounted for under( d _8 }# b. g+ ]0 D
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
% o8 Q& W- M" C( r. rpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are f- ?4 d3 I6 x5 [3 r
accounted for under subsection 32(1), (3) or (5);
' x' O+ p8 Q F0 f(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- ~( Q1 F6 r4 c5 f+ |5 n(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
; c4 j0 f6 \4 s+ x7 Vof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or o/ U+ f" o, ?3 a
value for duty in respect of the goods and the determination has not been the subject of a decision' K3 f% t5 y- D
under any of sections 59 to 61;& s2 F7 [ r. |* [
(f) [not applicable to non-commercial goods];
/ S. a/ n, F: d" A(g) the duties were overpaid or paid in error for any reason that may be prescribed.
6 l3 l8 \1 ?, p. r& s/ R g(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
* A: M4 A" Y5 p& D# P- {on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
[; l. J6 B* p* h' h) x ^" a/ Fthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ | m: T) r1 y9 |( d$ H
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
6 F0 b. L; H' O0 y# _2 hunless written notice of the claim and the reason for it is given to an officer within the prescribed time.6 e. R6 R3 ~: W f6 W: f/ e B+ ?
(3) No refund shall be granted under subsection (1) in respect of a claim unless3 N& g! V. d( w, v, |0 }' C- z
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 Y: v- h- b6 a K# ?2 }% ~( ?
respect of which the claim is made or otherwise verify the reason for the claim; and
g/ @5 H5 {" a* j(b) an application for the refund, including such evidence in support of the application as may be. l. b$ a4 S0 X8 s6 Y7 b, }4 k) G
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the6 D3 a0 E" d+ `0 t4 z6 ^6 j
prescribed information within' j2 }5 z. Q. V6 H3 a& G
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)8 E' W% [2 Z! Z4 t$ @7 S
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and. q% o: K8 E' X7 `% j, h- T
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
- U& L8 H- H" _" t* Y. ] gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.2 o0 H' `0 a4 m7 v0 i
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
$ y. g8 s( b/ w% G0 z7 W* cthis Act as if it were a re-determination under paragraph 59(1)(a) if% s3 H7 t" k5 @
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
2 v+ ^! D) q: k; p/ e9 ]0 fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: x) R4 e" m/ @8 P* `
eligible for preferential tariff treatment under a free trade agreement; or
% {4 Q! {$ Z/ ~* r$ g# q1 [( A(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" @2 [) M% T6 l8 }because the origin, tariff classification or value for duty of the goods as claimed in the application is% h8 V+ ~' I: W( }1 v" o0 |
incorrect.4 @- Z' q: C- P1 O# ?- E/ M, b
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),2 x5 N2 q' ]6 {+ d5 g% p
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground* W6 [4 W9 I" R$ Z+ b0 B: V
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it; p1 v# P9 w& [/ w; F8 |
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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