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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations& e+ X; v4 Q* o3 f
上面说 非商业 进口 可以免关税?) _9 a! }7 {- t1 R; T
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& k8 y( |6 X8 p4 {; khttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf. I+ E" }+ P1 o7 J& [+ G
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Refund Requests9 n4 C s; H5 h
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! I" b' f/ w- P* U+ xpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 R3 v* }5 h- L0 j1 L+ Dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
7 |3 E4 [) W K/ o5 O" v% y/ Y(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to0 b/ U+ J8 P. d5 v+ y
Canada to the time of release;- D! G8 q! R) Q9 w
(b) the quantity released is less than the quantity in respect of which duties were paid;: d# ]( z3 Y3 r: H- V: K) p* ~& [( K
(c) they are of a quality inferior to that in respect of which duties were paid;9 ^9 }. |/ l% v, I
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential4 r1 j0 A% c) q* o; T- f
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; W/ ]9 {* E3 x0 }1 E, E2 d" W8 D/ ~
case may be, was made in respect of those goods at the time they were accounted for under
3 w+ f! x1 o" q, I5 c6 R8 R/ msubsection 32(1), (3) or (5);4 l. b( [6 n1 j6 J7 j
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
9 q: ]$ O- u% z' \preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) A! o" S Z) \- Baccounted for under subsection 32(1), (3) or (5);$ ?. P0 L' D% s" j( b6 E. b
(d) the calculation of duties owing was based on a clerical, typographical or similar error;2 Z2 v- p- ]' m" {9 e, p
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) c3 H) P" _% [+ F) |/ k
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
* G# W6 k2 X& c, b9 Ivalue for duty in respect of the goods and the determination has not been the subject of a decision5 e! j. Y9 D3 F% t8 E
under any of sections 59 to 61;
0 Q: R- O3 _9 l3 U; p& }3 m(f) [not applicable to non-commercial goods];8 N% z. E6 A. O, N0 S! P% [
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
0 w8 Z0 o) c/ j0 z, ~5 y$ N4 K(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
; B, A7 R* L0 G9 L. r" Ton tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ `$ w& i: [( u( g/ w* C+ S* xthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).% ]' G: Z8 u" \' f
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
* r6 a# |; E, f3 Zunless written notice of the claim and the reason for it is given to an officer within the prescribed time.) \# S/ g, B5 j; @
(3) No refund shall be granted under subsection (1) in respect of a claim unless
' T9 x" O I( R k7 @& O+ u(a) the person making the claim affords an officer reasonable opportunity to examine the goods in8 L1 x7 A- z" X; i4 t: G& M
respect of which the claim is made or otherwise verify the reason for the claim; and
& Q9 P7 z/ w4 t8 p6 W(b) an application for the refund, including such evidence in support of the application as may be
8 o" G, g H0 ]6 n p9 aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
' m: E* M2 m0 j, R4 Q) G; oprescribed information within- r5 }3 m: j2 o/ ]+ ^7 W
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% R8 _5 _& S8 h( d
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
3 i( ~8 R" ]0 {% z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
4 @: H0 [( [ C3 I: [were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
2 h: O3 w: }# f3 Y4 x: Q' A# D8 G(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; D- a6 I1 Z& n3 Othis Act as if it were a re-determination under paragraph 59(1)(a) if
: F8 T( j2 f C* d- M) L(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* F1 O% ~4 i( x
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 G/ G5 T" ]* O- F; v: R4 oeligible for preferential tariff treatment under a free trade agreement; or0 Z" N* y( `! n! a" m5 V3 L, j
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
& @4 {2 [, n/ s) v; _/ Z( U- Obecause the origin, tariff classification or value for duty of the goods as claimed in the application is, X0 M0 M# \9 g& A# a9 @" l2 M
incorrect.
+ h4 H/ h/ v$ S$ p(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),- ?) Y4 ~3 p1 g0 W
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 r0 C. D, l( R
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) O8 m: F. b, `0 {- ?9 ?
were a re-determination under this Act of origin, tariff classification or value for duty.+ N3 r' a/ V' L2 H
t* i, @$ i* v这到底是说可以还是不可以啊? |
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