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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
- r8 D1 Z; n0 l0 t9 I7 z! u8 l上面说 非商业 进口 可以免关税?
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1 f; {7 Q1 r( \. q# j0 qhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests. G) ~$ w r# M# D$ |$ f1 |6 k
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! Y% U* b* H3 Ppaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' J* G6 D% b* s" [( R, Z3 m0 Eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 V, ~$ [6 R% h(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ g( G2 J9 A5 g2 t6 kCanada to the time of release;
6 J! _( o- A5 M4 R4 Q(b) the quantity released is less than the quantity in respect of which duties were paid;
% H" Z' l' W8 n(c) they are of a quality inferior to that in respect of which duties were paid;5 I4 o& P0 a0 f: n) G5 n+ y5 T; X
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 d2 v9 }4 `- K& N1 V7 [1 q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 O7 N: L; Z, U; J$ i$ D) jcase may be, was made in respect of those goods at the time they were accounted for under
) \: I1 |! A1 z: v+ X3 ?: z: H& a$ asubsection 32(1), (3) or (5);, q" O# O* R' O [7 y2 O" c
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" s% f, y- f/ Y5 ~/ Y(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
J0 ^' E/ ]7 s- c. gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 I: V, w- M$ V: D+ W" q1 H! }accounted for under subsection 32(1), (3) or (5);
, N7 b+ E% ]1 a% T(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 [8 X+ V5 K1 m* g) e1 s( T T# V
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
& [+ i: t5 e" Aof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
2 F$ u2 f* B/ Yvalue for duty in respect of the goods and the determination has not been the subject of a decision1 O7 D1 h; T3 S1 X
under any of sections 59 to 61;; t+ M$ D, F# B
(f) [not applicable to non-commercial goods];
% e+ u( r* j$ x" \- d' U s3 _6 e(g) the duties were overpaid or paid in error for any reason that may be prescribed.
% Y- Z& K0 `2 C(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based3 v/ J2 J J) O! Q
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of, h$ U( q9 f4 x' M) E9 |! ~7 p. @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) q1 t5 g3 `3 q(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim' {7 g! u5 i) C/ W8 s
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.9 E2 K5 J+ p d7 [3 z- `/ g
(3) No refund shall be granted under subsection (1) in respect of a claim unless
% D% B* Z1 y/ M% _/ o4 i(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 f1 @, J% d* h0 Krespect of which the claim is made or otherwise verify the reason for the claim; and4 Q( ?' G [0 E" \) i! |' z7 F
(b) an application for the refund, including such evidence in support of the application as may be
3 a5 |1 L( U/ z2 cprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the* O4 b2 ~: a* e. F' U, s) g
prescribed information within7 m) o/ z, ~# U& Y( c
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)6 `7 P) b4 i5 ^& c" M
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and% S l# n) H. Z1 [) }2 {6 K
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
9 g9 Y% J) h! Vwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( F1 A% s t$ m; u( l: d
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 W2 Q7 M8 E& Y5 f
this Act as if it were a re-determination under paragraph 59(1)(a) if" E4 Y2 @* A C! Z
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied7 k) f) a! ~! v0 ~. w6 _
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not8 T4 |( n& S9 `3 l' J, ^/ v
eligible for preferential tariff treatment under a free trade agreement; or
" w( q: W2 B! h- }, @" z6 M5 |(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
# b; ]: W7 J9 G% e% m" j+ ?because the origin, tariff classification or value for duty of the goods as claimed in the application is- Q3 H; q% l. F# {" S
incorrect.
, p4 l6 h0 m0 ?& l5 m, c- M! M(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ q& @. H# W( W% a8 T
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
& y+ B0 e2 y: h4 {4 Z6 ?9 Kother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it3 [0 t" w/ Y; C% R& ]8 k
were a re-determination under this Act of origin, tariff classification or value for duty.8 P4 t0 Z" a% b- {1 {
; E% u- u& ^/ l% X这到底是说可以还是不可以啊? |
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