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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
5 w4 r1 R: s% Q$ `4 z; D6 V) F上面说 非商业 进口 可以免关税?
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# N" K q' T$ r7 Ohttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf* Q( s1 H* \9 N* U
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1 p1 P8 _8 t. E* wRefund Requests
$ c9 {& o" @( D' ~74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who' q5 v$ m5 w, j* P+ @8 H
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part2 A! X! O+ P* ^( q! I4 y0 ~
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if- s0 v' o& A/ q; y; D
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to* }5 e& |1 g" g H+ O
Canada to the time of release;
" @! {) R! H( V0 y1 F% i(b) the quantity released is less than the quantity in respect of which duties were paid;
7 _0 o; v! Y& U& g- L( e& ?(c) they are of a quality inferior to that in respect of which duties were paid;
0 {, b) x, J- E9 h(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 v$ ?; ~$ k2 B7 Y4 v
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
# Q6 s7 J$ W* E; H' [3 q6 Ncase may be, was made in respect of those goods at the time they were accounted for under. w1 C! S. W2 A/ e9 c" }; b
subsection 32(1), (3) or (5);7 F; x5 |5 Z( U
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
1 y5 z! v- r1 w4 Wpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; H& g' ?$ E/ e3 Baccounted for under subsection 32(1), (3) or (5);' W' B, ]: S3 V$ U, m
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- w7 i; x2 z1 g" v$ T3 z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). O- I% w7 e4 i" W4 J& h) O
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 @1 \( X2 ^: l) u: qvalue for duty in respect of the goods and the determination has not been the subject of a decision
8 U$ w' K4 F1 X( U- M0 X vunder any of sections 59 to 61;
; g. P8 W3 r$ m2 I" {6 G5 i(f) [not applicable to non-commercial goods];- K) ~$ r! ^$ l: ]% a0 \) |
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, I0 j8 v$ B# g9 q& ?(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. _' Q% E6 ?' L$ ^. Kon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
8 X3 |; p! x1 g! N+ M3 M) Y0 pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 k+ a$ h$ G9 \$ S% C(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- m7 o% u# A' t" N Q5 [
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.$ ~8 L0 |$ n3 G2 ~$ [% |: Y
(3) No refund shall be granted under subsection (1) in respect of a claim unless; r2 n6 K% g o6 O0 ~/ q5 @/ m6 ^
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
: V$ @" c7 ^& r( d+ m% o, r5 Trespect of which the claim is made or otherwise verify the reason for the claim; and
' K7 O. U% S9 L6 ~5 d(b) an application for the refund, including such evidence in support of the application as may be
$ R$ D5 q, Y+ Vprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, z$ _" L: n4 `( ?4 a: L) ?* A' U5 Eprescribed information within
' |( O" N4 L. K9 Z# e/ e3 {- r(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
% p1 Y" g" D1 U- n! _- E9 X7 s' U+ _or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 N$ Y% g7 h7 e(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
9 ^+ I* g$ a: e( u9 Z# wwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* S& c$ k, j* ~! ^5 @! ^1 S. D3 F& Q(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of! H4 M2 w* S0 s0 c
this Act as if it were a re-determination under paragraph 59(1)(a) if
6 a) `7 s2 ~% k(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied3 `; ]' m, K. K; B7 e
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
) _) [8 V& y5 n( p( L) f& T! k3 meligible for preferential tariff treatment under a free trade agreement; or" g! z- V4 o8 `1 X9 N7 r. n
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
6 Y! X2 i C3 O1 `4 T: R4 @1 \because the origin, tariff classification or value for duty of the goods as claimed in the application is1 t1 x7 O9 }7 T& Y7 n- K# u/ S
incorrect.5 U: V) k* `+ O F! e- H
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),& P7 s- H& E/ a/ w4 Z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground! c( N' d; C ?' K* J
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it; ~ l* h8 I, u5 v9 i- g C: g
were a re-determination under this Act of origin, tariff classification or value for duty.
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+ L- R2 k" ]( Y" r: N' K- Q l这到底是说可以还是不可以啊? |
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