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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 v: O' r3 j3 Z. g E; Y n上面说 非商业 进口 可以免关税?
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|, ^; h5 G# k" H0 bhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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) D" ]. i! q6 Z- n" @; NRefund Requests
2 N% s0 _+ m, s' X7 c1 @& y, o74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
3 a4 e# m8 N& t/ \& e4 l) X" Kpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part& u1 O5 E( p R" p" T
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if" L8 t6 S& d/ I& E; p
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
. F- R+ w( f& l7 aCanada to the time of release;- r8 \! a6 A. b- r# w
(b) the quantity released is less than the quantity in respect of which duties were paid;
( k5 A w5 a2 u4 \, [(c) they are of a quality inferior to that in respect of which duties were paid;
0 u, {2 N* F1 u [- b- g- e6 P(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, [4 g! e/ t0 ~' c( h' G# R; u* Stariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( k" \; B9 p; J7 I' E8 W+ q
case may be, was made in respect of those goods at the time they were accounted for under, h$ d5 a. B8 }
subsection 32(1), (3) or (5);* H* x6 s* L9 Y
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
# ~0 w/ }# P' w5 U. Qpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
2 u; X0 m& q3 y' k/ H9 Eaccounted for under subsection 32(1), (3) or (5);# d. \8 W+ n4 H1 T7 E
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
7 B1 l& q8 C7 z& r& F4 Q. ](e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* ~. }! o; ?4 U' N0 ?
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or! s& P/ |1 g( f# M* E
value for duty in respect of the goods and the determination has not been the subject of a decision
& N- f2 q1 E4 n! ]under any of sections 59 to 61;
0 i0 e* I& Q! Q; m(f) [not applicable to non-commercial goods]; r6 C* \* Y# f
(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 Z. f N. _0 p S2 Q
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
8 u, U2 M; E5 G, zon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of3 a. h* u# k% L5 b
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ P3 _/ u. H Z! U6 K* ^3 d+ ?
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 X; W* I3 S+ i1 Munless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' G; ?) \' K+ Z$ x. N(3) No refund shall be granted under subsection (1) in respect of a claim unless, x; }9 y; s$ y7 o" w, }7 m1 N
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in8 G5 M) X* N( m: @
respect of which the claim is made or otherwise verify the reason for the claim; and
3 ?* _$ S% M4 d" ` t4 ?5 w5 g(b) an application for the refund, including such evidence in support of the application as may be
7 N$ }& D* \' U" ]4 u( Qprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: Q s! C; d; j4 r2 m; b- w4 ?# {
prescribed information within
( s6 T) m( a& P( d9 o) T' _(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, V Z o9 U2 i: t* A% U3 R+ S9 eor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- f: D- l& K' s% L! h(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
5 e" Z8 ^( x2 n% n, T3 Gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.4 [4 ]8 n5 y# i. m2 e
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! K. g9 i6 E: I) K
this Act as if it were a re-determination under paragraph 59(1)(a) if* I# N( B+ t6 F/ s& N9 A4 q0 x
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& f" N$ `1 s+ ^' ~) ?because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
$ |: f. m' |) i7 P5 ~* Xeligible for preferential tariff treatment under a free trade agreement; or
, X- N/ @% K7 h' {0 w% z4 f(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied- ]/ o3 ? x% ?- l
because the origin, tariff classification or value for duty of the goods as claimed in the application is9 w, A0 _, s* T3 _- ~1 T% h% }
incorrect.
4 F+ P# [+ G( V4 I# L+ e1 a(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),0 ]1 t) ^# b. ~3 Z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
0 _' |3 r [$ f0 Gother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it T2 ?8 A% i+ X' V/ U1 O
were a re-determination under this Act of origin, tariff classification or value for duty./ z- ~9 k& [& o9 b
# I2 j( s: u, F0 D) W& R! {0 w7 r这到底是说可以还是不可以啊? |
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