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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' J$ ^) r/ g" J- H" H. L& `上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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+ l6 a& o( N4 d6 k5 w s# cRefund Requests8 p3 W( { }7 I; J7 y
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who+ D# g$ k0 a/ g' d
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' J! ?% y7 |# \$ jof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 i8 M% ?: n& m1 ^* J7 l; M6 _(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. B% E# ~1 } c2 G6 W
Canada to the time of release;! f8 s& j+ [9 W. ~1 w
(b) the quantity released is less than the quantity in respect of which duties were paid;
! r p7 \7 x% u% @6 }4 F(c) they are of a quality inferior to that in respect of which duties were paid;3 C4 J3 ^2 t0 j7 ]) P, B) ~: A
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( Q; }8 |. g/ Q# P" _; \: [tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
# ]1 f) I9 ^, N3 ?" Jcase may be, was made in respect of those goods at the time they were accounted for under
4 R7 M; a D4 N5 x% H" A* X. Wsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for) F) a7 }/ S( q; l( q4 A& p
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are, I+ j" T3 V' _8 b1 v* o& G( k! c
accounted for under subsection 32(1), (3) or (5);
5 J' A9 F& C' {# k% y- J3 U(d) the calculation of duties owing was based on a clerical, typographical or similar error;
! A3 ^0 ?1 g: Y1 \3 T(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
2 ~( ~0 X; s& J$ Gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or; R, j, N$ ?, f$ o/ Q
value for duty in respect of the goods and the determination has not been the subject of a decision; _% |& [/ K* F. V. x' |
under any of sections 59 to 61;
) v3 Z& q& i' _4 m/ Y7 I& H1 _/ J(f) [not applicable to non-commercial goods];
6 N9 G6 \$ E+ o* Z( l9 b(g) the duties were overpaid or paid in error for any reason that may be prescribed.
) b: f* i; z' N(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
$ p5 r# h" Z0 a" Y6 }( mon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 q3 Z& E7 E% q. mthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).$ {' i5 x8 `" o
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
0 m: L; ?8 o( n4 i# g( z# yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ v; _/ ?" |4 Z8 g0 A% r(3) No refund shall be granted under subsection (1) in respect of a claim unless; W" p8 }9 R6 [" R
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
5 N0 a* y$ `/ N+ w# ]; rrespect of which the claim is made or otherwise verify the reason for the claim; and5 ]% l7 d$ O2 \" B5 H; a
(b) an application for the refund, including such evidence in support of the application as may be
* [, E! U/ B# T) T$ ^prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the$ I/ A3 [7 L7 R# t
prescribed information within
1 {1 h( W8 ?( m(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
* ^- K& i% @; vor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and Z1 P! M& y- N# Z) X0 F# I
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
" z3 p6 ]( }$ M* W# F. v* gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 ?9 m, l2 r6 k1 L& |+ w. U) w( ](4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, M2 o% S% Q U
this Act as if it were a re-determination under paragraph 59(1)(a) if& g ]3 e* ?( Q0 Z0 J: b
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; u9 d% K4 Y, S
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not' Y9 M+ u1 q& P! ]! f" g
eligible for preferential tariff treatment under a free trade agreement; or
- J' m3 a5 |8 _5 `7 m( h9 W ?5 q(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 w. R2 l5 Z. [' k( ~because the origin, tariff classification or value for duty of the goods as claimed in the application is( L" f' S5 F+ d. f7 {+ p' c
incorrect.
2 i4 o9 Z5 `. L# y8 `% E2 |" o, k(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),0 P. n% n6 r: j; M, ]7 I1 @* q
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 @7 Z" B$ Q b( Y3 g
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 |4 j8 R+ f8 p7 s' cwere 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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