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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
/ x9 }- j/ ]9 L& M3 N8 [4 S上面说 非商业 进口 可以免关税?, K' C( ^1 F1 q) X& ^. o4 V/ q
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf+ @- C( r6 c# l' G+ H4 g, Q
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Refund Requests
, U: g) S4 A& P& v74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
' |4 `% x. f5 D& C( L+ xpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ u# z D& k: a: u2 w; z, F! g
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if c& T# W! J( W
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
. ~* i+ v9 B, |9 hCanada to the time of release;
& K6 t3 r5 M1 S8 Y(b) the quantity released is less than the quantity in respect of which duties were paid;
0 A8 J2 \# C* j3 Q5 Y(c) they are of a quality inferior to that in respect of which duties were paid;
7 B) c: ?$ g7 J3 k. i5 r(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* O! K* M) B- w$ B0 _: S5 Z+ ]# ptariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the, a: |3 T9 e1 v/ x3 H* \
case may be, was made in respect of those goods at the time they were accounted for under6 S( s$ c: J7 ?$ o S3 `
subsection 32(1), (3) or (5);% V+ o/ x+ Y7 T& u) I
3) [( i. O3 @" S8 J: R- V' c
(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for, Q! k2 W+ G2 v7 H/ E8 \- f
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
8 t1 |2 u6 N' E/ U7 k* Daccounted for under subsection 32(1), (3) or (5);
) T" M# w- v. ?4 M1 [! O(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 K! J7 W: U; F# ^(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)2 t& I8 r: C/ X% b
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or" I2 O7 f K" o) H
value for duty in respect of the goods and the determination has not been the subject of a decision
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# d7 v* w' q2 |. K(f) [not applicable to non-commercial goods];$ L* y/ {" {; R* U& j$ I
(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ [/ Q- R$ i2 Z: c6 a
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ ]9 A' @9 m H2 m! \
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of/ [; Z# }, i+ t5 j& }
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; s8 m) ?0 |* x6 k(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim( g- V% B; j& _ E1 v+ n
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
# W" T3 N4 r+ S(3) No refund shall be granted under subsection (1) in respect of a claim unless8 D$ v1 r! P2 V- G) P
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in! b7 f) Q- [9 F+ B
respect of which the claim is made or otherwise verify the reason for the claim; and
. u: Q5 d, O) s9 i# L l(b) an application for the refund, including such evidence in support of the application as may be: p2 v' a9 N) v% l( o
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the0 `% n9 J0 E# Q/ L; p. O
prescribed information within
1 ]) S" F2 K- H8 l6 w9 x9 k8 G, Z(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)" Y/ l& n$ }, V; P! w8 {
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
5 }( p9 g6 Y( a(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# _- D4 y5 D' G# ^; j5 [
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( f4 n; v& p e6 K
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
3 M z; N# n+ _this Act as if it were a re-determination under paragraph 59(1)(a) if
' j, G$ x4 x7 a9 C7 u(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
* r! K) B3 t7 s J' z; A9 t% Mbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 w, r3 u5 N( j, s- |1 l' i& Oeligible for preferential tariff treatment under a free trade agreement; or
. R; q; L3 W3 g) F# W% o(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
) J* \: d! w$ K% U6 w3 Jbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
- Q1 r+ `4 Q3 ~8 D1 S2 ]incorrect. {! K; p7 N& Z& u) S/ F" o
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
: l$ r- V3 J1 G; q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground5 [. I) l2 W! J& n; d% T
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
" G8 b- H6 n- X% ?0 l6 D- \were a re-determination under this Act of origin, tariff classification or value for duty.
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6 I4 G' ^! Q1 d0 Z& _- k+ }9 j& |) X这到底是说可以还是不可以啊? |
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