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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
) Y! W5 g0 _+ z% U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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3 |5 X! U, `+ t0 q5 ]Refund Requests% S k: }% h& n% b% e0 O2 ]9 a
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! L" a% P7 b0 a5 S2 [6 G
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part7 m& I5 i8 y# P; N" H" U
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if: m( A0 u7 K7 k) P
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, t- ^& g6 J( p. z( l
Canada to the time of release;, n, _6 ~$ {3 A7 }# q
(b) the quantity released is less than the quantity in respect of which duties were paid;
+ B3 D: e% t- D) h(c) they are of a quality inferior to that in respect of which duties were paid;
- F! r/ ^9 e( M. w(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 o& P, E6 A2 ^2 r5 [
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
1 e9 B5 |! H3 Icase may be, was made in respect of those goods at the time they were accounted for under
' z9 ?% V/ C. `# Xsubsection 32(1), (3) or (5);
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2 u; }5 t& d) H(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
$ s" H: \7 x" N: Npreferential tariff treatment under CIFTA was made in respect of those goods at the time they are- f' a" i) D- g, E# F3 T
accounted for under subsection 32(1), (3) or (5);
2 M2 D% U2 J3 P- h9 y(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ m& d8 o, q9 W$ |2 G(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2) N9 f1 v& @3 r. B8 w2 y
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
2 a5 T. ~+ ?- d* z3 X" ^( gvalue for duty in respect of the goods and the determination has not been the subject of a decision
# D9 z9 G8 q) O' ?3 G( t Xunder any of sections 59 to 61;6 F( M7 M; Q, i! {9 \$ c+ p+ O
(f) [not applicable to non-commercial goods];( j" a$ K7 [3 Y) ]! F% i
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
9 u: O% @1 Y+ z; o$ ~& w(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 `9 X+ q$ z) son tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
7 e$ s5 c$ e9 fthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
$ r% h- ~3 r9 g2 r(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; z0 x9 H, r2 \8 u/ E+ Aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 [9 B# n/ O# d# @5 F
(3) No refund shall be granted under subsection (1) in respect of a claim unless, i3 {2 C! ~ d( W; a& Q
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
* O( A' \) c& H" Lrespect of which the claim is made or otherwise verify the reason for the claim; and# r6 g% d' x$ h
(b) an application for the refund, including such evidence in support of the application as may be
3 M6 `9 h8 R1 [' hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 X" a9 N4 \8 n/ t/ pprescribed information within
$ C# S8 V8 ~9 i3 p(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
2 q7 r* A& z2 J9 y8 s& c5 `* d6 e' Qor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
$ c7 `; y4 X8 h( P(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods, z3 a) o0 `- o# x
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) C( g! b0 }$ u+ |4 M; C1 g
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of+ ^, x/ ` K- k( N/ I- t
this Act as if it were a re-determination under paragraph 59(1)(a) if2 p4 W; N1 `5 O D, g
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
- V2 O& g7 T3 `, l- \because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
# z ?8 }8 n1 J0 p$ H, Q {eligible for preferential tariff treatment under a free trade agreement; or
" q& J. T5 ?; N I- Y1 w(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
6 E8 J% @6 x' A* N! |+ ]because the origin, tariff classification or value for duty of the goods as claimed in the application is
; A8 H' p% A' c7 R# M$ U0 Yincorrect.# y h3 h$ A% I& y, b8 @" z
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 ~, l: D% S+ X( q" s2 c
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' w0 o6 \' e8 {9 jother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
$ L& z' A `8 I: j7 z8 F& U7 }: x, \% gwere a re-determination under this Act of origin, tariff classification or value for duty.9 [, m% D& m5 f4 \7 e) C
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这到底是说可以还是不可以啊? |
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