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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
# p4 c0 d% V" o& V# x上面说 非商业 进口 可以免关税?
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) B9 x: l1 d" f1 q( }& Shttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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" p( Y' A( ~! O" z. e+ ~% B; _Refund Requests# X0 o- d+ w9 n+ D0 L/ e
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
4 x7 c/ n( T1 w _+ u3 W8 Opaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part K9 q# k- X6 O. Z
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
# U( S I8 H0 B8 k(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ p' I d8 p3 R) h
Canada to the time of release;
- A" j0 N# v/ r" n+ }0 c2 [(b) the quantity released is less than the quantity in respect of which duties were paid;& M; [1 T# `3 E+ c8 A* k
(c) they are of a quality inferior to that in respect of which duties were paid;
6 ]' I# E( C7 J i2 [0 h8 H(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ ]+ j% V% {# \. j0 [
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 F9 n. B$ h* p) N9 ^case may be, was made in respect of those goods at the time they were accounted for under: j$ ^6 K6 G% N. O* U
subsection 32(1), (3) or (5);1 ~# Y# Y4 o8 ~; B
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, B# j$ ^" B# R- f(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
F1 q; G1 u/ Q% `; u& g/ ~2 ?preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
- m; |* d& l! L) X- N' L/ p Baccounted for under subsection 32(1), (3) or (5);; x4 ?1 R8 ?- e. `( A) |
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 T+ @' u9 O7 H7 c1 y(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
( y: z9 e3 V0 X# t- gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
2 m% m+ E. a6 C2 O( R- Uvalue for duty in respect of the goods and the determination has not been the subject of a decision
( y' m+ X$ ]! i' v1 ?7 S0 m/ L: {under any of sections 59 to 61;
) ]4 ~% _) L9 \- ~(f) [not applicable to non-commercial goods];! s2 ^8 I+ W" f5 v0 B
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
2 l% U3 o% ^6 b# _- ^( c% V1 {(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
$ J8 a0 `* ~- X! j, A5 d5 B1 j7 hon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
' S! D' e! J: B+ Wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).5 b* H! c# L! E8 R# K; l
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; [; C1 c& i" D! D0 S2 R0 [' S
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.: l9 c) h6 L+ g. G5 Y; |
(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 z0 w1 t: g) H( s(a) the person making the claim affords an officer reasonable opportunity to examine the goods in3 ^0 p: c7 n+ j7 L
respect of which the claim is made or otherwise verify the reason for the claim; and
: H U- {" f; T8 j, R2 n(b) an application for the refund, including such evidence in support of the application as may be
9 _" O9 R4 O7 `1 C, j8 eprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the/ |+ m; E, j ?* e' }/ g0 J' y# Q
prescribed information within
1 k; ^! a! B: }& D$ E(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)- F0 i) z( w& L& N9 P# W% x/ n
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and6 p5 A* N1 _! B" \5 r9 ~
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
+ Y+ G. x( [. {2 t# V; P, [were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ I# V9 g/ L I5 F& y$ i! O
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of5 O9 y& e! A# A" e% C- ?- Z" m9 a
this Act as if it were a re-determination under paragraph 59(1)(a) if# H! O! ~; {! R& M$ o0 s9 C [" L
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
. k" {3 m& Q3 x* w9 ]because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( n0 Q! J( C/ V' p$ M
eligible for preferential tariff treatment under a free trade agreement; or
5 Z+ d2 q+ ?& n, A' C; u; i* y$ F(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 l, N' y' `4 U* P6 E' r& F
because the origin, tariff classification or value for duty of the goods as claimed in the application is0 |" l! i8 P: b! B8 C3 {4 b9 h
incorrect.
& A2 J: U( X1 l4 G* R/ y% b8 p3 S(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- l( ^0 I) h# ^* V(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground) n E( p' s' A% {
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
" o6 b! t1 W$ Z. {- cwere a re-determination under this Act of origin, tariff classification or value for duty.0 ? j2 ^- ]# v
B. o9 w6 d' [! X$ q3 n这到底是说可以还是不可以啊? |
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