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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
. X; b; G4 U& W9 ]上面说 非商业 进口 可以免关税?$ e' O6 m& J" x0 a
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6 X- R0 K6 t! S2 G; [' w1 M v, M, phttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf2 L8 p) _/ f& c7 T+ X
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6 O8 e5 X# W5 Z! v* e: ?1 wRefund Requests1 W" }5 h; v) ^# r. y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 T& Q' ?; @% w) D* T0 epaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part- C. q( Z8 B$ H+ |( e
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if( {3 N# b/ \% A* ]6 A% S& G7 @
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& x( O: R, x8 g
Canada to the time of release;
+ E4 H, M2 b0 F$ k3 |& h) D2 R' L$ u(b) the quantity released is less than the quantity in respect of which duties were paid; k) j0 n! I- k6 D
(c) they are of a quality inferior to that in respect of which duties were paid;( I r' U d" G' K. n8 _
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential$ T& s& l, ]% a! e0 g' w
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the. c* }% t! m0 O8 G( A5 x
case may be, was made in respect of those goods at the time they were accounted for under8 h$ w4 s+ g1 R9 ?/ b$ B5 L
subsection 32(1), (3) or (5);3 l* X/ m, c1 k1 C! s2 b) E
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" s* Q6 ]) O: {! D8 z( ?(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for: e! o* K( S- r! U2 D9 a, E4 n7 l
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
9 L! z% c& |$ A3 ~# ?. Waccounted for under subsection 32(1), (3) or (5);
* k5 x2 S; Q' C7 f# G% [(d) the calculation of duties owing was based on a clerical, typographical or similar error;) F4 Y, c- R# K% _) U1 h
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)+ N3 f, H- i( T$ J
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
- k8 y+ j( P& r+ Cvalue for duty in respect of the goods and the determination has not been the subject of a decision
5 b' ?6 z/ E' G2 |under any of sections 59 to 61;+ l! R8 J- M- l2 F2 k+ c8 {8 f
(f) [not applicable to non-commercial goods];
( F. w: D, ^4 t; t( k, @7 u(g) the duties were overpaid or paid in error for any reason that may be prescribed.5 U5 M: y! ], {8 p
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 C9 o6 _4 U- Q7 K2 r! won tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of5 E: i/ Y1 t& x1 V% {$ J- `% E' { ~
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! H( f* ~7 V5 |9 Q1 d0 D* e
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim, R q6 h# p* f: V$ g
unless written notice of the claim and the reason for it is given to an officer within the prescribed time." ^* y8 z5 A' B% j
(3) No refund shall be granted under subsection (1) in respect of a claim unless0 D( y- z" L" S$ z1 f
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; B5 M" Q" [0 V
respect of which the claim is made or otherwise verify the reason for the claim; and
C- o) L" m, o+ P8 E4 a(b) an application for the refund, including such evidence in support of the application as may be$ r8 j% i9 I b( B# c$ [
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the, m7 H* B1 c9 J" N7 r
prescribed information within
- i* t6 r5 Y9 c6 ]* h(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
/ y g G! [/ G3 oor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- t6 C/ @9 _/ g(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% \0 M8 w! a0 M" bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. h4 x% J. [/ ]0 ^/ N: L1 O
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* R- z l. {; b; n! q
this Act as if it were a re-determination under paragraph 59(1)(a) if4 c7 ] c* \/ [+ [( K/ b. Z
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied) _( Y+ \" G- d+ u
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 B' F z. Q y* }eligible for preferential tariff treatment under a free trade agreement; or; n0 {; U! ^5 z9 s! t t
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! H1 Y! I8 N1 r, H: ?+ `; h. k+ ]because the origin, tariff classification or value for duty of the goods as claimed in the application is
5 A! a! Z/ y6 y' f* p7 Mincorrect.$ y, H8 L1 p1 N/ x2 X
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ J* U# z( h2 u* F7 J' V(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground7 ?8 j) v) }& U* [/ d/ U( {7 G2 E
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
, O) x5 s0 Y) Z( ~1 v! ?$ w1 awere 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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