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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' y0 I; b; ~" s- a1 P上面说 非商业 进口 可以免关税?5 ?* a: s+ |) i+ r/ M# S! w
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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$ K$ o% w; S( N) f! d2 @" ORefund Requests( s( \1 z% G3 g% H
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* f2 c7 ^( q1 W* a- e/ b( T
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 W9 v* \- U) x/ q, [$ q8 xof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. @" V! B- g- g+ X/ i' j5 Q(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* O4 F, u* T3 e* @1 mCanada to the time of release;
0 ^) ]) O0 s( [. \(b) the quantity released is less than the quantity in respect of which duties were paid;
8 {6 T: }) }; t. M" N(c) they are of a quality inferior to that in respect of which duties were paid;
2 _$ ^( H3 ~! @(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential/ C7 R* s* B- u% `2 z" T# h" w
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) V; P/ D2 l, U# P$ W1 S6 M( U! z
case may be, was made in respect of those goods at the time they were accounted for under
6 F5 u& H4 p. xsubsection 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- t" J3 d- _8 K2 u- ]- P
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
& m- O3 j# Z3 a" L; \+ vaccounted for under subsection 32(1), (3) or (5);+ S E! K' R: i/ v' U8 [
(d) the calculation of duties owing was based on a clerical, typographical or similar error;5 j) B0 R. ` H+ s- N0 A
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2): D. o' U6 e" r
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or2 B, y( @4 o0 h. L& h+ h4 V5 n
value for duty in respect of the goods and the determination has not been the subject of a decision) N9 W8 \- d; D1 W0 I0 n
under any of sections 59 to 61;
5 y D9 ~3 e% X7 z7 P(f) [not applicable to non-commercial goods];
6 |5 Q# K- r' [) e3 D(g) the duties were overpaid or paid in error for any reason that may be prescribed.
. Q f! ]! C4 [" 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
9 g; ?7 }3 a) [) q& U3 F; zon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of2 d% ?! W( G7 t& M3 t: q" E
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).' @, ? x0 A4 H" V1 x% I
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
+ B, |* G0 D; }( `/ \* ^. Yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) {: T. b) ^- F# J: m( N0 N, ~(3) No refund shall be granted under subsection (1) in respect of a claim unless
) }2 W' e$ z6 V! Y! Q5 [(a) the person making the claim affords an officer reasonable opportunity to examine the goods in U8 o# P8 N: b
respect of which the claim is made or otherwise verify the reason for the claim; and p3 U+ a% e8 y |' u
(b) an application for the refund, including such evidence in support of the application as may be/ l- r9 m7 y/ y# Q5 D) R
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: f+ w5 q! e# `& I: N7 L
prescribed information within+ y$ l2 i* O5 k
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) @3 h! W( E" Q6 g Z
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, T( _0 w S9 k( d(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
1 m: L/ y& ]9 {* B. D: X- ]; {were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
) p: j6 D% J1 b9 @+ Q& t(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, `& L" R+ Y3 T
this Act as if it were a re-determination under paragraph 59(1)(a) if
4 \( a# \7 ]% b3 R I6 N9 o# Y(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied5 V+ i2 I2 W: D$ i; s
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not4 w5 u$ R8 a1 o" d
eligible for preferential tariff treatment under a free trade agreement; or7 w5 c m$ u% S$ O! X4 P0 r+ C
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
( ~5 ? n. \9 Bbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
( t% d/ |* p2 ?2 I) {" d) Hincorrect.
: [! R/ _: O9 C* h" c# w5 \(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
$ ?# P- P6 s8 `(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 i1 @* h0 C2 V6 }5 {4 Q+ `other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
$ y- i) D6 S* b: ywere a re-determination under this Act of origin, tariff classification or value for duty. _: \0 o5 i% i/ Q" f
6 y' d6 ]1 R: l3 \0 Z3 [这到底是说可以还是不可以啊? |
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