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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
8 D9 s M7 J) r& t2 T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 k* v- [" _( g9 i! G% v: Y
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; X. X* P8 A+ uRefund Requests
" X" w& K( S; `- i/ @- Y74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who: F4 z# e" s' L6 h1 y3 v
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part; T' o3 b* _& F- k) u
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if6 i; P: _8 w) E M' N$ |# ?: I2 M
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
3 d: ~, R# C% M, c) f g/ fCanada to the time of release;) |8 T5 N# K( y, c% |; m
(b) the quantity released is less than the quantity in respect of which duties were paid;# ^; D" O& D- [" Y5 x
(c) they are of a quality inferior to that in respect of which duties were paid;7 V# \ t3 }- q) O
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential7 O2 B) y8 {" e8 y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the: j" M3 v: x% j0 h6 J/ e" y9 y8 Q9 m
case may be, was made in respect of those goods at the time they were accounted for under X: O( ~2 g0 {( q
subsection 32(1), (3) or (5);
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% K2 b1 p- H4 Y$ V" u$ V7 p& t(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
! l! x9 j6 P, ?& opreferential tariff treatment under CIFTA was made in respect of those goods at the time they are$ a0 N2 u9 T6 O# U* N9 r: ]% ~4 q
accounted for under subsection 32(1), (3) or (5);
, s; R' L5 K+ q' Y(d) the calculation of duties owing was based on a clerical, typographical or similar error;$ R0 R1 g0 e- I1 i; y
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). S1 V7 A3 a S' c* K: S" o
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
( F* I! i6 Y" H6 Y$ u% Z5 {value for duty in respect of the goods and the determination has not been the subject of a decision; V7 r0 }/ u. w2 G5 J Z* b g# F
under any of sections 59 to 61;$ f8 e3 B1 e/ y' x3 I9 g0 h" V
(f) [not applicable to non-commercial goods];) l! m1 _/ X& f6 M& d1 l
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
d* v& c w" v7 X) ]; l(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
% x4 h& Q: S; D r. K0 a: B6 g# D0 ]on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of& n# J7 v" u% I' E6 b
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! J2 ^% M9 {* b1 U# P8 J1 i
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
& Y) d& J: t5 f2 P/ \" r* W) b2 Tunless written notice of the claim and the reason for it is given to an officer within the prescribed time.- H! S: ^3 p9 G
(3) No refund shall be granted under subsection (1) in respect of a claim unless; K, J0 Q% I: X. W2 I7 Z
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in+ }- I6 v! l9 h/ _! p; ]
respect of which the claim is made or otherwise verify the reason for the claim; and
. T6 P1 C) B4 s; k+ T(b) an application for the refund, including such evidence in support of the application as may be) t( e9 f; y0 P0 J
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
. D- a! [ N" S# C/ i9 e1 Zprescribed information within
: }& s! F6 Y% N1 g7 T(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)0 x6 T. K/ O) q5 D
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& b# \) n2 T- `6 L(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
* T ^ B: F' Y/ ]were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
r( ^2 ?; H: [" g6 g2 N2 s9 Q5 m(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of( X/ |; o% A) z$ k- O
this Act as if it were a re-determination under paragraph 59(1)(a) if
( U. D5 W. Y- M" B! l(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
. x! a" H; L P* U. |8 P+ Lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
- H2 v5 U% [5 A1 w( ueligible for preferential tariff treatment under a free trade agreement; or
6 ]: e3 d* |% F& c0 B! N- H3 J(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied1 y/ d, \2 _( R# ^
because the origin, tariff classification or value for duty of the goods as claimed in the application is
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(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, l8 R ~* X( ?2 L! q2 S(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ @- D6 p9 a# W& |9 n
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
0 w( t- [2 j4 W8 v) ]0 S$ @/ owere a re-determination under this Act of origin, tariff classification or value for duty.1 g. C7 S0 x$ w2 \
) P( a, F( Y2 b9 g这到底是说可以还是不可以啊? |
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