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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
( X6 r# g ^/ y1 I, r4 |2 P% Q上面说 非商业 进口 可以免关税?7 J& |( R" m/ a7 Y
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/ s, ]2 h2 ]6 a# phttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf4 l6 ^' b* ^5 H" ?" q
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+ Y$ L8 P! h0 W8 x2 H3 kRefund Requests
! g2 _( E) ~" Z4 W4 o- h/ Z4 v74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who0 Q" V' k+ t7 U6 B
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part0 a1 h6 f9 Q# C: |& M s( y
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 h: @7 A0 ?2 `3 O ~! m(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 L) v. A* B6 yCanada to the time of release;* }, t6 P, `7 g6 v# }( Q
(b) the quantity released is less than the quantity in respect of which duties were paid;; [& N- J1 O1 }1 J
(c) they are of a quality inferior to that in respect of which duties were paid;
3 U7 J& K& @. P7 o2 W' E$ E(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 R. e1 s! ^% _$ q. D% m
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; @# O/ z6 N5 w6 s8 [ R# E
case may be, was made in respect of those goods at the time they were accounted for under
+ U! B1 X% ~8 z' X: U; Esubsection 32(1), (3) or (5);
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8 @2 Q9 N9 E5 C7 s. i/ P* w(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
* l) K6 c4 ^8 O' hpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' }0 p. e0 m2 E( H) v. U vaccounted for under subsection 32(1), (3) or (5);8 v- W- |' B* n+ G, _. l! F
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
) t% a) ~4 u9 O& D(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)3 j/ J0 Q/ ~2 c I- [
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or: R, h# u3 Z+ K% L }
value for duty in respect of the goods and the determination has not been the subject of a decision
/ L* R5 k1 N, B: P9 o5 N% E+ t' Cunder any of sections 59 to 61;
& S! W7 z0 ]: o(f) [not applicable to non-commercial goods];
/ O& W* y \' p# g% h(g) the duties were overpaid or paid in error for any reason that may be prescribed.: Z( J( m, |% K$ U6 n
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* u7 T2 l3 E, J, [/ W7 j2 S' }
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ C. }; Y# I0 v7 r& W. rthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
% {7 E1 W5 G5 G! y& {6 t(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim& F" c! o5 b Z, H7 ?
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 K. D7 e" _6 o
(3) No refund shall be granted under subsection (1) in respect of a claim unless
/ s% G2 w* I+ s* W8 }$ o(a) the person making the claim affords an officer reasonable opportunity to examine the goods in" N7 u# W' W( i* _5 p6 q9 Q! e4 S
respect of which the claim is made or otherwise verify the reason for the claim; and
+ Z5 x$ _! b5 Q; q1 \' c(b) an application for the refund, including such evidence in support of the application as may be1 F! F$ J# y2 i6 r' v- q+ p. _
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 B6 H8 s) D F/ rprescribed information within$ N9 X* ?, u1 n4 B2 t+ V1 R" Z/ H, @
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)! n" R& I4 q0 T) b( b& ?
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 G J% W. g4 S% F
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods8 C4 Y2 D8 L/ F7 k$ d/ K' j' b
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.+ s& D0 {' a8 P# d) P" |2 j
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of @: s9 F7 D& ]& u
this Act as if it were a re-determination under paragraph 59(1)(a) if
( `! E& W) A( y0 q: w(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied2 _7 G- s" @- c& @0 r: R U
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
& Q* o$ k3 y+ T: @% o6 H# H! ?eligible for preferential tariff treatment under a free trade agreement; or/ m7 M+ ^, T; d, {* R! l2 ?6 L% q
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ Z1 ?# c/ _8 S% [: Y
because the origin, tariff classification or value for duty of the goods as claimed in the application is" J. m1 h, R `! q; i9 F& [
incorrect.
+ X" ?: j' J" f) s1 _ j( Z7 [(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, c. A$ b8 v' }* r(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ u& M: y5 |9 X' K/ \. w
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 p* _7 K0 J/ n- [/ e/ H9 twere a re-determination under this Act of origin, tariff classification or value for duty.5 B" S/ w$ O0 o r8 X
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这到底是说可以还是不可以啊? |
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