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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations E' R( P* M9 v& K3 X
上面说 非商业 进口 可以免关税?6 d% S Z# K0 a! F
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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! y, K/ B T# B, X& wRefund Requests! i9 \- Z: I2 `, G3 V
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who. m$ p) C5 T1 v5 M3 Y/ w! Z5 J4 L
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 x* M7 I; f6 X. k
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if6 r7 u, W- T- W2 V; m3 h# r4 t4 O
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
+ f0 q O/ N" o3 K# }: aCanada to the time of release;* z/ ^: Q1 w- c' W% N, Z* N# J; u- U
(b) the quantity released is less than the quantity in respect of which duties were paid;- v5 q7 w. J; p" r- ^
(c) they are of a quality inferior to that in respect of which duties were paid;
) k5 c7 `4 \" H( g(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential9 b0 @9 P( |; w# K
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( F* I. V5 }! Dcase may be, was made in respect of those goods at the time they were accounted for under
! v1 q9 y# l t( Lsubsection 32(1), (3) or (5);
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0 {- J4 t: }9 p# z9 T& b) D(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
' |9 @5 D4 p- _preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
7 l) ?6 X1 }6 {" t' Jaccounted for under subsection 32(1), (3) or (5);
, l, L( E8 g/ C5 L* c(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: C( o% _) h$ k# Z, v* I6 K(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)2 o; J! o; @& ?. ?/ x* _
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or/ U& b. v* z$ K, T# J, L
value for duty in respect of the goods and the determination has not been the subject of a decision- F, n! d( b3 d6 G7 z0 V% U, C
under any of sections 59 to 61;
: g8 _# f+ ? r N(f) [not applicable to non-commercial goods];1 {8 k/ n6 N. F; S" W
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
) m0 O# q5 X- `(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; E% |+ \8 W; u, [7 j
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) X$ R" ~4 F7 v
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).1 R: t/ ]; J$ U9 z& B& M2 c
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim1 Q* z: P" {7 u" `! v. R2 x4 Q
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.# ^4 `0 k3 G; w& K7 h+ ]
(3) No refund shall be granted under subsection (1) in respect of a claim unless
- S5 m \ M, E(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# m$ B; v+ V9 o; Q! Q5 Qrespect of which the claim is made or otherwise verify the reason for the claim; and
$ C8 H' i# c1 X" n1 d, q3 C(b) an application for the refund, including such evidence in support of the application as may be
0 U% ] W8 }& o( b* }prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: N5 T$ I4 S! m2 J0 Vprescribed information within" h, S/ B/ {, i% ^ T" u( e
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
' p" f. Z0 U4 r& K% ^or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' E: y$ }2 b1 v5 E& Y9 Q9 p7 Z
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
% y0 z$ ?* l& {' Jwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) T7 y$ ]2 I/ ]3 A
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of5 m) z" U: s6 p$ z' W' f6 Q* d: p) ~
this Act as if it were a re-determination under paragraph 59(1)(a) if
! z9 m8 b8 [8 ^* G! J& K2 ](a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied# x6 P1 r6 Q3 C4 k( P0 e- } g9 B
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 c2 G" v% ]% A; Veligible for preferential tariff treatment under a free trade agreement; or: Y7 u Q4 q& K2 B$ {
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied q& l: M& ^4 d* W
because the origin, tariff classification or value for duty of the goods as claimed in the application is
: Z: t2 |/ {9 v6 Vincorrect.
0 c! |+ L; ]$ `( q& ~# l$ {3 L(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
: w: c; o* C! s7 X# K% h" F5 U0 `5 M(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground/ {" _# v+ K; j# L5 \9 e9 I2 x
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 r8 c& v! N5 {( A* l
were a re-determination under this Act of origin, tariff classification or value for duty.$ f* ], C( D, X7 S3 V: l
6 X. o% c% v' g& `' M% v8 p. F这到底是说可以还是不可以啊? |
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