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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
" u6 B0 ~. x& p7 y) M$ J. T上面说 非商业 进口 可以免关税?
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$ j& w1 e3 Q$ L" t" O( nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf- k' g1 S+ L4 u1 x: k6 Q
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Refund Requests
' J6 [! g% z/ B9 D, ^ Z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
& f% t6 k: g$ t( K k9 Lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
. ^6 ?0 g( x3 E9 Tof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
& w# G7 T- n9 F6 H, g(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to7 n2 b* @+ Q. s1 C! f
Canada to the time of release;5 q- ^9 \8 e0 d
(b) the quantity released is less than the quantity in respect of which duties were paid;6 X+ E" L- z9 A
(c) they are of a quality inferior to that in respect of which duties were paid;
- X) f$ m% @) h3 r: G6 ]1 D% ~(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 D; w4 K& ~( |0 v0 T! T6 r6 L
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
y/ ]( J" C" _: N+ Jcase may be, was made in respect of those goods at the time they were accounted for under0 |. T& M9 K- m, |! P
subsection 32(1), (3) or (5);
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: V& Z+ l# C8 L0 i0 q$ t5 T(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 o. G: w& K$ T3 C; Y2 x( N
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
}* H( [; R/ Y; U, Kaccounted for under subsection 32(1), (3) or (5);
3 \- V- ]/ W0 G(d) the calculation of duties owing was based on a clerical, typographical or similar error;
' |% I4 d2 f* C7 w(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
# g7 T5 \7 i5 jof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# m: z- E9 U( D/ Y* ^9 pvalue for duty in respect of the goods and the determination has not been the subject of a decision+ J$ f6 Z$ L5 `6 c0 V3 K. }
under any of sections 59 to 61;4 n9 p9 i2 z+ f, |& m
(f) [not applicable to non-commercial goods];
! p9 I# |5 {% `" t(g) the duties were overpaid or paid in error for any reason that may be prescribed.
8 Z# [" E3 ]9 L(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 ? R2 {) v1 v% Q; p
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
6 s! o1 H) v4 P( |this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).0 ^! v: O8 E! _4 b1 X# G
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim, O% e4 `6 C% Q t" l1 A$ `# i" [
unless written notice of the claim and the reason for it is given to an officer within the prescribed time. G' Z# \! M; f+ f* D( L! @ }" ^" z
(3) No refund shall be granted under subsection (1) in respect of a claim unless8 R6 M0 ^" S& t* [( o4 E
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# Z+ T" \' a! p# Arespect of which the claim is made or otherwise verify the reason for the claim; and6 O# G# ?7 x* H3 R, D" V# f2 |" p
(b) an application for the refund, including such evidence in support of the application as may be
: X$ V6 w) Z: f0 S4 r8 dprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the. J9 Z* b+ X+ B! \# Z
prescribed information within
# Y4 t8 Q- a: {5 ^- Z: X/ H2 i2 V: } j(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# B# i3 z1 E* o& ~: I U) por (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' V# j+ H& @( ]9 S2 A- ^
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
' s9 V } _ [: Uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) ^6 O) w8 N; z% j- T& y8 g
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! T# u5 U$ ]1 M3 d- G
this Act as if it were a re-determination under paragraph 59(1)(a) if9 ^# o; s9 O- ]+ q9 n& S/ P+ T9 Z
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
. } ~/ l+ ?+ \( e8 U7 `because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
" e" C: c$ y% h Beligible for preferential tariff treatment under a free trade agreement; or
+ Y! g3 i4 A6 _+ Z c9 ~8 ~* K(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
0 C. P! A5 j! c9 v3 Kbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
4 r5 c. y% j* y0 F- m% L# Rincorrect.3 U+ A7 |8 F. m- S# _
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
3 q) K- ~3 u0 C(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 Y9 n) W% Y( z" d; y: o
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
4 @, T! J8 B( x1 N1 _. s) Uwere a re-determination under this Act of origin, tariff classification or value for duty.
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2 @5 q+ k; [/ k5 i% f# u这到底是说可以还是不可以啊? |
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