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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
- E' _% y/ }; S' w0 o上面说 非商业 进口 可以免关税?; v9 A; a. ^ r8 Z8 A
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8 x3 c% V0 U. b" U( f) @8 p# D# ]# ?2 Vhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests8 b8 n. \' P. t3 F
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ |$ @9 v! N) W }: e% Bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 h' ?3 ~2 v1 c* e0 j- t1 `0 | Yof those duties, and the Minister may grant to that person a refund of all or part of those duties, if; k+ g: [0 V ?
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* H8 |3 V8 A5 B7 A5 A" \4 m0 WCanada to the time of release;
$ P/ C; h/ Q$ q- |4 @$ b) ~( U(b) the quantity released is less than the quantity in respect of which duties were paid;
* F X/ ?1 f4 A0 d(c) they are of a quality inferior to that in respect of which duties were paid;9 U: m5 A; H9 ]2 o! | C# g2 O% X u
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 ?, y' g" `$ `+ y/ @tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( j, g6 [' E% J$ R1 S7 _: Dcase may be, was made in respect of those goods at the time they were accounted for under+ J: f+ b( ]/ ~
subsection 32(1), (3) or (5);' \0 ~& M8 Y4 e# s# e! Q
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1 h0 C3 q) g* s) R8 A! S* h9 i(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 i) K1 @0 d' ^% y
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are* a+ a1 E( F: L T/ e
accounted for under subsection 32(1), (3) or (5); f) g: \7 X7 `" W
(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 B( V: r8 C0 Q- S1 s1 R0 v% w
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ W5 l" B; E( y9 B% M' x0 s: Oof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 G8 G& v: J6 f( I1 f) o; r
value for duty in respect of the goods and the determination has not been the subject of a decision
8 }* u( ^% f7 r3 Gunder any of sections 59 to 61;; ]3 O: @: G2 h
(f) [not applicable to non-commercial goods];0 h. g' N- u5 b6 x: Z$ ?( l
(g) the duties were overpaid or paid in error for any reason that may be prescribed.& Q3 l! N/ \+ y6 D
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" {% I j* ]5 s$ xon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of, u' F& f) P" }4 X! R
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
5 c) w8 N/ e0 `* M$ o(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. v" w1 r! N9 t& P" u W# vunless written notice of the claim and the reason for it is given to an officer within the prescribed time." x, w5 \8 s4 b3 ?8 @. T3 c( }
(3) No refund shall be granted under subsection (1) in respect of a claim unless
; t/ a b9 ]+ \0 t(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( N9 z8 y3 w, i3 O( x$ h. z) V
respect of which the claim is made or otherwise verify the reason for the claim; and6 S2 P: r% X' L# m
(b) an application for the refund, including such evidence in support of the application as may be) h& u s9 C: F: P+ n7 n9 t" G
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the3 q9 |6 ^3 w: E, L5 S( h9 r/ ]
prescribed information within3 x, k' B5 H. \# m# }* b5 }
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f). U" m' @) m7 N
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and5 i; x& H2 r$ U2 c2 h
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods. Z T; x& A _' }
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.% W: G4 `0 g1 U( C8 [' L& y
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
% ^: A6 D# G4 y* ]4 Ethis Act as if it were a re-determination under paragraph 59(1)(a) if
7 Q a9 _* ?- G(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 X/ {) F. U4 O! Y+ j. abecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 F6 [9 a) H- i+ L
eligible for preferential tariff treatment under a free trade agreement; or" R2 Q0 r# z' V: c6 o" y( D
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; s6 w2 Y R& o* B+ x( A' H( _& t
because the origin, tariff classification or value for duty of the goods as claimed in the application is5 K7 a3 U3 N4 r( D
incorrect.
, J w7 [! \2 j(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 H# ]2 o* o4 F% I1 w/ ~% h. m(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" b. p) A- g) Iother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ I! r3 y) {* xwere a re-determination under this Act of origin, tariff classification or value for duty.1 j7 A& ?' y5 P" I+ Z7 c" ~
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这到底是说可以还是不可以啊? |
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