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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
0 r! t% M a0 [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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Refund Requests
; V6 D4 {9 F0 s74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 M) R5 a1 r# U4 c* e8 P9 b! `0 S7 upaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 y1 m+ H& U" E) j, W( uof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ L( m6 I- j' g }$ D(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to8 u/ p+ ]! D/ J; i3 f( B* R+ l2 ]7 p6 C
Canada to the time of release;5 V) @7 q# Q" k- d; a
(b) the quantity released is less than the quantity in respect of which duties were paid;$ z( ~$ o9 X/ e% G* C6 [' n
(c) they are of a quality inferior to that in respect of which duties were paid;
" I& R1 h8 h) }, k1 r3 X( Z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential H- y9 L% [8 L, p& @
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 F% I7 @2 W* rcase may be, was made in respect of those goods at the time they were accounted for under7 x a" E! c8 W$ X) f1 g
subsection 32(1), (3) or (5);
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* I( Y3 K% }4 E( G, C+ \(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for/ c5 \+ c8 u/ m8 ?
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
% c6 t2 i/ Q& t3 u+ {accounted for under subsection 32(1), (3) or (5);0 r6 c* s ~0 [# B* w1 M
(d) the calculation of duties owing was based on a clerical, typographical or similar error; p7 \& W4 S% M7 ]7 Q1 T8 n: p* j
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)! M9 j% f7 N4 N) d, n" o
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 H5 q" C9 |/ j6 t4 `9 V
value for duty in respect of the goods and the determination has not been the subject of a decision/ X: t6 a# @4 Y8 l3 R
under any of sections 59 to 61;# Y$ U% }7 F( t y- K$ i9 g2 [
(f) [not applicable to non-commercial goods];
+ v8 b+ [+ U9 p/ u(g) the duties were overpaid or paid in error for any reason that may be prescribed.
: t7 H0 Y9 U8 {% J: L+ B7 n i7 P6 Y(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 a6 K7 h/ X, U
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of6 y3 t# N) L9 P) r$ ?3 S# m- {, n
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 m( U" W! C1 R4 ^5 R(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. m y! ]6 @# e: u2 z4 bunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
2 {5 r4 ]8 {, a8 D( [$ J% j1 G(3) No refund shall be granted under subsection (1) in respect of a claim unless8 x! y0 A, z: B7 F, z
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in* E. U! I3 J& O' G1 R# q
respect of which the claim is made or otherwise verify the reason for the claim; and
" r3 @6 m# V u% w! i(b) an application for the refund, including such evidence in support of the application as may be& s7 L3 n( s. F6 o5 k6 n. ?- T
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the0 N: I" t7 b: z7 e1 D' Y
prescribed information within
# j1 F7 x( N+ ~: [" {(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)- L' p- }* I; e+ o0 J% g
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
# T0 Z8 x( j2 b8 a(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods' |) T# v" j7 r0 T3 J; N. B- Z1 h
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
7 b4 b. l: ]! X; |% W! ?9 R& C(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; _3 A! L5 N0 s6 N5 p
this Act as if it were a re-determination under paragraph 59(1)(a) if* a7 J4 f: x7 |' z! h8 x
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
u3 A. K s8 J: }9 kbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not7 `8 N! f! D9 y3 _ G
eligible for preferential tariff treatment under a free trade agreement; or1 w j3 }; B$ K" x/ Q
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 u. z$ `$ t5 k% k4 q/ obecause the origin, tariff classification or value for duty of the goods as claimed in the application is- o" {. `6 M" \( O" q6 c6 u
incorrect.# \' `2 Q; w3 G: B
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),- g8 _6 v7 D/ x9 q
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% L) g9 Q: \% q" e1 B$ W% eother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) b( `; s" b! A0 k
were a re-determination under this Act of origin, tariff classification or value for duty.; C$ U- a: d* m) y
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这到底是说可以还是不可以啊? |
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