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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 p5 P4 U& M- p3 s, a/ E# s上面说 非商业 进口 可以免关税?& k$ j+ S8 M, x0 n
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf8 D4 q5 V: V/ k% B
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Refund Requests
; P3 k& y& ^" }5 j- P, Q. \74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who: p0 R: J$ _+ R6 m3 W& j
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part& T. E ^0 i& q& D3 R3 Q+ d2 k
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
, q3 @3 {9 _/ |0 r0 j(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to7 a- b; V; x( O$ H( F& T; p
Canada to the time of release; F0 [' C" c8 X( g$ v0 R
(b) the quantity released is less than the quantity in respect of which duties were paid;: k0 Z/ D! a. ?% I$ D6 Z
(c) they are of a quality inferior to that in respect of which duties were paid;# q" H2 y- @/ X9 w( t" q' L$ y
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; j" b \$ g2 ~ l1 B: J
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& I7 K5 a' t6 {) x
case may be, was made in respect of those goods at the time they were accounted for under
# q1 K7 x y, t1 Z l1 b! Jsubsection 32(1), (3) or (5);
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Q+ B( O: } w( t(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
- G+ S! Q' Y8 G/ I2 Z' j3 gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 v g) \0 d2 q4 [
accounted for under subsection 32(1), (3) or (5);0 p- p4 P6 L" n7 n7 X9 o) {1 t2 e6 q
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% @6 p% N1 r" t) u2 L" P(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. x+ W: i0 S4 L9 Lof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 u: ]& S8 a, K# P! h% D ]8 N
value for duty in respect of the goods and the determination has not been the subject of a decision; M" {" t) }+ p! I
under any of sections 59 to 61;+ ]# ^8 r# I! n3 U0 a0 B: R
(f) [not applicable to non-commercial goods];+ N1 _1 w5 k% M3 M9 W/ N
(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 U3 X$ |) F2 _5 a8 Z6 d
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! L9 m( n8 s* \on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( O- z; d- l0 h, ~! o+ M0 H* ]
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
: H. K* e$ U+ x Z, P(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# [2 M* c: k# W/ q, ] o% t0 |: _7 d
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
7 Z7 z, q7 l) Y8 G, P. {(3) No refund shall be granted under subsection (1) in respect of a claim unless4 r" Z- k: g; J- s9 g9 i5 ^
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in- ^8 S, N$ v$ W+ r" W3 L
respect of which the claim is made or otherwise verify the reason for the claim; and, t1 U4 \' g5 S9 x$ d
(b) an application for the refund, including such evidence in support of the application as may be- q4 M) P. n& }# D
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the$ j4 k0 t9 |1 i; s0 V# K+ F) B( D
prescribed information within
: _: w( ?" i6 j(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)3 I# `+ u! N6 F
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and& C& n* Z5 C& C0 b y4 q
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 A }4 H5 O& s6 i$ [1 A Dwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
0 v0 g, v" Q) W(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: c9 C4 G7 d: |& \' E' A, F2 bthis Act as if it were a re-determination under paragraph 59(1)(a) if
+ n( I, }! R6 i: I9 v3 ]3 N7 v(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 q$ p, u* e+ ^; j# Xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: z! I0 X7 k" Z. g/ } peligible for preferential tariff treatment under a free trade agreement; or. B, d+ E* D2 t# h1 g7 J* l
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied8 C' P* h" H/ h( N
because the origin, tariff classification or value for duty of the goods as claimed in the application is1 m. I2 l8 [6 g1 u V
incorrect.4 B! @1 N1 U' v- ~
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 H# n8 v" h/ S# R( y/ W2 w
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% D# H$ g/ _( L+ y! w% cother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
Z% ~3 [2 ]" z9 \0 A8 pwere a re-determination under this Act of origin, tariff classification or value for duty.
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$ Y( C; X8 N4 P( p9 k- L这到底是说可以还是不可以啊? |
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