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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
3 E+ \$ W: X- [2 ]2 x; H上面说 非商业 进口 可以免关税?
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1 E* E, @% K& ?: b6 Z2 z9 c: ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests2 ]& {+ L! Y% y# P- l; z; {
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ D# n; }9 U0 c" |
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part7 R+ S$ R7 L1 V' K) G
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
! q! z9 X4 I. I0 ^(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) M/ t7 c) Z8 X, q# q$ c7 MCanada to the time of release;
; k5 q8 {- L; Y8 V(b) the quantity released is less than the quantity in respect of which duties were paid;- U; c( G( \0 M& M; |+ d- z
(c) they are of a quality inferior to that in respect of which duties were paid;
8 T/ x6 Y9 m q, W- i( F# `% j(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ E( a. }- i6 G& N3 f; M
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the# r+ d$ [7 D/ T& ?0 H% p7 G% n& H
case may be, was made in respect of those goods at the time they were accounted for under
1 t* y# w$ q4 H, Q5 r+ zsubsection 32(1), (3) or (5);4 |) M! o+ r% Z: c) b- g1 s
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for+ J& I9 w, o _% @% `
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are/ s1 Q3 q; @* T' N) W
accounted for under subsection 32(1), (3) or (5);' z. \, Q6 ]4 v4 p; t
(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 ~% {1 x- i5 s9 s. U+ k, H3 J9 r
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
0 b1 j5 s# s6 v1 H; aof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or" [, m0 T# S7 ]: ]( l& B
value for duty in respect of the goods and the determination has not been the subject of a decision
; p9 e- ]3 }' b/ I. D, Uunder any of sections 59 to 61;
2 B7 B- n6 W1 Q(f) [not applicable to non-commercial goods];$ M" o+ f0 N9 I4 T
(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 t5 \, w2 n* h; J" K5 W. w" z2 K
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based5 M2 I' e6 T) k- }/ z- }
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" T# m: C. q5 v' m
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 v, |0 B/ N$ S(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
" D) r6 ~' q6 G. u% X: _; i3 Junless written notice of the claim and the reason for it is given to an officer within the prescribed time.; w! C$ c K* N/ h& ~- @; t
(3) No refund shall be granted under subsection (1) in respect of a claim unless: j/ Y. ?* {6 a! Y3 u
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
7 W7 l& |0 P, ?. V1 v# {& xrespect of which the claim is made or otherwise verify the reason for the claim; and
" X3 L" @' p: z(b) an application for the refund, including such evidence in support of the application as may be2 O0 n3 i+ e% i# `( _! l# u" P) x% B
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 `3 l: {% G# R* f
prescribed information within+ R0 a @# Z8 S/ E) X+ T% O+ o
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 j( i: r. `* I9 o! Qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
# m6 _; N, T7 e; ]- p8 j, \(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( V2 ^+ k( c- ?5 n2 C- Pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 x% l' ]" I9 f: @
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
4 N+ x3 i: l* h q0 ^9 fthis Act as if it were a re-determination under paragraph 59(1)(a) if# P1 F1 o8 _ K/ a$ @! i! v3 Q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
x. K+ M( f) c, Z, Q6 N1 Lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
& a+ q: |/ O! D6 _eligible for preferential tariff treatment under a free trade agreement; or
2 |3 {9 P& k# R2 i% K(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
. d9 x, N }% [* Y4 Ubecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 s7 C) [+ J5 c0 D: E
incorrect.
q# _: [+ F# c2 \/ H& d# K& o(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),8 B; U; w! M% q! c: | Y. E
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 A8 m" l+ [8 ^other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* g' R% [/ D' ~4 Q
were a re-determination under this Act of origin, tariff classification or value for duty./ x) X ?, R8 b2 G
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这到底是说可以还是不可以啊? |
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