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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
/ k0 `9 N5 {" @& Q; l上面说 非商业 进口 可以免关税?: o# B- ?, x* @* C+ b" a. Z
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. o+ o8 Z% N& ]$ Ohttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf+ d: W5 L+ i2 |' J5 n
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Refund Requests4 ~# L) N/ l" j0 ?5 J( F
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who1 x: u6 h6 O+ {$ [
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( ]+ a( u: i. W5 N% q9 ^
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 b: ^3 L9 G# {7 ?/ R n(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
' Y; e! ?7 |& d% R0 TCanada to the time of release;
8 D% M. q" P5 J( ~+ L(b) the quantity released is less than the quantity in respect of which duties were paid;
) m: t0 [5 \6 y3 E& R x(c) they are of a quality inferior to that in respect of which duties were paid;2 f7 D0 y* i6 [
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential* @ _2 W* E! [6 V
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the0 {3 x) n8 I- {' s+ x
case may be, was made in respect of those goods at the time they were accounted for under8 T/ d) y* x: ~" A1 D
subsection 32(1), (3) or (5);( n# T6 Q% R% k) L; C( N5 N3 L
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 f- W) e' L0 A# n3 hpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
% b8 r7 \5 H" ?/ N. K# p( p0 ]accounted for under subsection 32(1), (3) or (5);. \* ?( O; W6 K5 b
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- j e5 R b' k6 I! v. x3 d(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
4 v6 L" w# [/ x( Dof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, L* W4 w) F# R/ j4 g. }/ I
value for duty in respect of the goods and the determination has not been the subject of a decision
* Q. N& S' V% D. [0 funder any of sections 59 to 61;
' X, ?9 n" w" n5 Q$ u(f) [not applicable to non-commercial goods];
( M* P4 k V0 u4 x2 B(g) the duties were overpaid or paid in error for any reason that may be prescribed. J. V" d4 Y* z
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based3 m; W7 Z0 T1 Z b$ g) ~
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
, J' t: w$ @7 w( v, mthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! M3 q- y* ~! h# T# ~+ {3 F
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
" I F# I8 Z2 [( }. S% @unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: b- b/ C- }8 M; M4 \(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 Q% e$ T7 X% O4 Y3 p7 r(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 {6 I0 ~7 r7 o w- `
respect of which the claim is made or otherwise verify the reason for the claim; and
8 V8 C+ L, A' C; p( N(b) an application for the refund, including such evidence in support of the application as may be
2 I4 \+ s# \5 g1 i, X; Sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the$ Z- ~/ ]5 Q9 J6 n7 v1 E. F9 j) l
prescribed information within' s8 L( }8 X) u( p( B
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# ~7 X) w9 }: ?% I3 Z+ }* x0 aor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) {; H% P3 p5 i: g' B(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods f/ g# H; @$ H4 ?9 |+ e
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
0 C1 K2 O! X$ S) z8 O(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
. q6 K1 m) R. _2 q/ C; athis Act as if it were a re-determination under paragraph 59(1)(a) if- i1 Y0 a: w E5 y8 I" p
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied7 z$ J$ e, L$ E8 [3 i; n; {% c9 u
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 f! }+ s4 a9 u+ h, seligible for preferential tariff treatment under a free trade agreement; or9 t5 J% C5 D* Z" d* _9 m4 ~
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied5 G, q3 y A* n( |
because the origin, tariff classification or value for duty of the goods as claimed in the application is
) S- U+ x" a' u$ j& R; ^2 Fincorrect.4 L' I; j, i1 G7 R2 v: O9 c
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ f( g( m2 Q8 g, g# a(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground7 r" {2 Y4 }/ C! r: u# x
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* I# l `2 {) q- O% S9 B" ~
were 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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