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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
: o1 C: J. ^; j- \: N# k# g6 A上面说 非商业 进口 可以免关税?
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$ S$ w* [8 i8 y0 [http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf+ B/ `8 _( _4 P" n4 W* {; \% R- u
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5 D2 B( p) s3 T9 Q( dRefund Requests7 N& Z; @3 @9 k! j% T
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who% T" ^ v Q& f( d) g( Z* o
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part z; k+ S* ?; | g% `# G9 p
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
# s" y8 A- m6 y* m2 l: ?9 m3 S. ^(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 l- V+ f: e8 Z `9 e; i( YCanada to the time of release;
3 u4 I: S1 Z9 T* k! Q& {( t0 g5 Q2 a(b) the quantity released is less than the quantity in respect of which duties were paid;2 l3 F9 m$ H5 D+ E
(c) they are of a quality inferior to that in respect of which duties were paid;
) u" H. ?0 v; v% h(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
' n, E0 x9 e4 _4 c8 Y Mtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the3 {6 \) W6 P+ g m, l% e2 Z
case may be, was made in respect of those goods at the time they were accounted for under
% ?9 O" _/ g3 s0 psubsection 32(1), (3) or (5);% D! E& }8 Q, ~" M1 w: ]
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- g1 F+ p& G$ N( F) ~0 u( {(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
8 K7 B! i( a0 B+ lpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are( [4 }: S6 g6 U
accounted for under subsection 32(1), (3) or (5);
5 n( V P4 y6 b$ P5 J$ V2 }; Z5 b(d) the calculation of duties owing was based on a clerical, typographical or similar error;
7 E) s% t2 D4 u( {(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
( X) d$ T& v8 z- T4 O! s( d8 lof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' Y% ?; P a4 i1 ^6 {/ ?
value for duty in respect of the goods and the determination has not been the subject of a decision) \0 O4 j3 Z$ d, D4 [
under any of sections 59 to 61;
* A+ Z$ z' p& ~+ _: J(f) [not applicable to non-commercial goods];* j3 A7 x% S$ Y' h9 s
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
+ j/ M) V5 U/ L. V4 f$ j5 Y(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# n# w# m) C5 B
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 D( \) J+ ^1 p7 U8 `5 wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).4 j) A: q) F4 a: X# r# q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# ?8 B5 f7 p& H }0 r# V) ^
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
s+ c8 _! X. |$ H: E; I2 q: x(3) No refund shall be granted under subsection (1) in respect of a claim unless
/ ~0 w" l+ {6 w4 R, t(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
; S2 H% b7 d1 L! A r: U# zrespect of which the claim is made or otherwise verify the reason for the claim; and& v- o( N# E! ~% K# w# T
(b) an application for the refund, including such evidence in support of the application as may be9 A: N! Y! _' `: z
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& l( a% d7 Z! R# _$ bprescribed information within
) O2 [; ^$ ^" t& K- x(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) U7 u: E$ {" L4 E# A& [7 X: dor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
+ x" m$ X' H6 }(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods9 p' t( h" I8 a/ \( e
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.8 d. t* M! H) [6 Q- F* g+ H2 c
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! M n! T4 `- h- `/ N6 xthis Act as if it were a re-determination under paragraph 59(1)(a) if
5 c r j1 u$ h) @' X(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied7 I" P2 i. D$ P
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not4 j- f; s+ m* C4 M- O" D
eligible for preferential tariff treatment under a free trade agreement; or6 S# O/ \& x5 _! _! S
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied) P2 G w+ v1 C' E) ?, F% m2 c
because the origin, tariff classification or value for duty of the goods as claimed in the application is
# [) y9 g6 C2 l q% H9 yincorrect.
H0 {! }: I& \) ^& F(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
; l) A0 s6 Y& \; o' P) ~(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground, q0 f7 K4 f% W8 c+ F4 I% \
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: a& t3 h; l, R& J% W$ {were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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