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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
3 Z# c% }2 W7 ^ R$ S1 t* l上面说 非商业 进口 可以免关税?
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0 o. v: {. c+ g9 c9 z. ?( {# S/ hhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf0 q2 r- y3 \+ U1 h6 _2 z
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Refund Requests
4 |$ l0 S" j; E74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 B& x% X! b9 {3 d; x; U0 @: qpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" b6 S' U4 }% B- J4 s
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
$ s4 K5 i! U/ b! Y; W1 Z O% ^(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
- d: `" X" P2 ~' xCanada to the time of release;
/ h. ~4 b! Y- K& z(b) the quantity released is less than the quantity in respect of which duties were paid;. o- i2 ~5 j9 G2 N+ ^
(c) they are of a quality inferior to that in respect of which duties were paid;
' m3 p i2 {9 y7 M(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
0 ?# J G2 W9 G1 t5 e+ W5 \tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* I+ f- q; ?+ D! y* ~$ A0 w; b. U t7 Pcase may be, was made in respect of those goods at the time they were accounted for under+ a1 F+ _$ ]# D3 n$ o
subsection 32(1), (3) or (5);, _ [8 \" _# q3 D" [' r
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
( t- z2 C2 c( M3 J4 n hpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are) P- q/ N$ N; h4 e$ C
accounted for under subsection 32(1), (3) or (5);5 N! q. |& w; t% x% Q! A$ s
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
; a2 z5 Y" X8 O% Q' \- H# l(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 X3 W1 E- B$ B
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: _+ H) X2 e+ q: n0 ^value for duty in respect of the goods and the determination has not been the subject of a decision
0 x9 p5 q4 P( j" Q- e* B2 T2 cunder any of sections 59 to 61;+ Y& m& \2 l5 |5 y3 G
(f) [not applicable to non-commercial goods];
T' L, C5 {" X3 ^. E5 y4 G3 Q$ q(g) the duties were overpaid or paid in error for any reason that may be prescribed.
* w1 ]- |4 b+ `# ?(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 d$ Y3 r, G7 ~+ O% s% l, w1 fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 `( F2 J3 [: mthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
, P- Q" e# ~1 E8 G(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim% g, f9 v+ q' k& O3 S
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
* R' i1 V6 u" }, @# I$ @(3) No refund shall be granted under subsection (1) in respect of a claim unless, y8 s7 z: V- ?2 O
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
: Q7 q% k( L" y9 urespect of which the claim is made or otherwise verify the reason for the claim; and
5 H# U4 N8 U' y S2 r(b) an application for the refund, including such evidence in support of the application as may be
" e: ]' j- [" C! y4 `prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the/ U. _- _# t e% v
prescribed information within- Y E- u1 M& F0 Q8 g0 W3 E+ O. r. g3 a
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)- L( M6 L2 D& C' j/ {
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
8 l1 p5 T$ J4 A7 Z# ~. u8 w$ O, a(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
0 I2 ~) f( k' Q! \1 \( N) k8 L9 Mwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
( B: f [1 t, D/ [$ D(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 y0 T4 \; Q. F5 U* [* u$ Z. W
this Act as if it were a re-determination under paragraph 59(1)(a) if
, R- r# @7 i5 x, I. R' b(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied. m/ _+ A0 U5 J5 P4 U; Z6 S
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not1 O6 `: l- H `% v5 G
eligible for preferential tariff treatment under a free trade agreement; or, L- i7 T9 [0 ]# B" v
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 X1 E1 O, J' {) Nbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
1 C% I/ r3 A0 H; `# T7 |& U" e$ wincorrect.& j# o; v6 [. \2 Z, s: _
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
G; c, v4 i, q9 y* u+ |' Z(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 u% M7 q6 Y8 E! c/ t9 Mother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it/ {) w3 t' g( K% O# m
were a re-determination under this Act of origin, tariff classification or value for duty.0 e+ ~ N G7 p J& S
1 G1 Y& c) I/ H4 _! m- k这到底是说可以还是不可以啊? |
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