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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
( H8 i9 x8 {8 t$ }上面说 非商业 进口 可以免关税?) E. `- v4 @+ @4 _
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1 J' m# Y! q i# I" e; khttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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6 u# j3 N1 J3 i% V% yRefund Requests
/ q, L! _; e/ |8 n1 {5 `* c; G" b$ a74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* z* `4 c2 P, npaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
( f$ \+ Y1 z4 Qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
$ {5 k3 e' k( p! f4 F(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to" ?, [: n! V% O) b
Canada to the time of release;1 g% w2 ?6 @9 c. _ V1 O
(b) the quantity released is less than the quantity in respect of which duties were paid;# ]1 T% c$ W. |/ {. \$ n& N+ @
(c) they are of a quality inferior to that in respect of which duties were paid;* E1 A0 }: q8 J
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential: p: \- S$ v! G) O
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 ~ }7 L# f4 m5 C+ u1 Kcase may be, was made in respect of those goods at the time they were accounted for under
* R( P- {5 W' S# A3 {$ rsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for9 c1 \. A0 j: C+ Z/ d: r0 X2 o
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 \! v: i0 o$ c0 Y5 x7 K' a, l
accounted for under subsection 32(1), (3) or (5);: _1 ?! `5 P: U9 S- ]
(d) the calculation of duties owing was based on a clerical, typographical or similar error;; t5 J/ F7 J6 ^7 l
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
+ C0 Z) ]4 k$ \6 }' t0 Y. fof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
1 y( m+ v( @" M9 u' xvalue for duty in respect of the goods and the determination has not been the subject of a decision) ~' q5 \5 x) h+ q& \ x
under any of sections 59 to 61;7 ~; h% f5 R+ A$ J: W* r0 Z
(f) [not applicable to non-commercial goods];- t3 b/ c) J% O) K
(g) the duties were overpaid or paid in error for any reason that may be prescribed., j! W9 g9 H J4 J: h! C
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 K% a; y. o) K- N2 hon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of `! t3 K( R2 V$ G2 R
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 \9 V0 E. d! |6 p(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: }/ x0 T% ^$ v0 t3 K4 w# Sunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
, a- }. Q Z3 Q(3) No refund shall be granted under subsection (1) in respect of a claim unless
: ~( d) c9 w3 r) k. S(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 V' G0 Z, B4 r" m1 {
respect of which the claim is made or otherwise verify the reason for the claim; and7 _4 r; f& y R: Y) u$ D8 T$ E
(b) an application for the refund, including such evidence in support of the application as may be w6 A- I8 X: d) u Z" @9 M
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the6 }5 I6 L( U6 H* e. o$ S. _
prescribed information within
w. ~) x# [: t; ?(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)) k: {7 l% c* v$ `1 E1 K2 Q( R
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- m2 ^6 B: p/ A) {# W# t5 v(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods- F4 g. ]- N+ j" [. ~3 L; `3 \; d& z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* L' I2 A; Z1 B4 b; V+ f
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
# F' p" q' X9 ] |this Act as if it were a re-determination under paragraph 59(1)(a) if7 d0 @% W6 A4 ]. i
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
. {# g6 C' {6 Z) B! Q: tbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
% z, D! n7 E& F& D; Meligible for preferential tariff treatment under a free trade agreement; or& F! @. G/ v8 f- X4 \. u" r- r
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied8 ]" p7 M3 e% Q# i+ o
because the origin, tariff classification or value for duty of the goods as claimed in the application is
) Q @) e* h: p" _' o& Eincorrect.
* m3 f" h ^0 N3 q: E' X) {(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! @) [- `* W( k' l
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ Y2 O5 w1 A- j, v7 t
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 |. R, u$ U( l7 E Swere a re-determination under this Act of origin, tariff classification or value for duty.! p! K6 h7 M! Q3 |: h+ g
( i( f: I- T$ H: P. d) d |这到底是说可以还是不可以啊? |
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