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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
+ _. P9 Z( E3 [5 }上面说 非商业 进口 可以免关税?
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% m7 P( Q; a% v( whttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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4 y$ Z+ _" R5 gRefund Requests
f, _ T$ N, q& H; ?74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* j: l H2 p! f9 X) {' jpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part) o) B6 C/ J6 x; B
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
# u! r" _9 h1 r6 t% e/ W- {' o(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to0 R/ p/ A# Y0 W$ s: Q
Canada to the time of release;* L$ S; L7 t+ a6 e8 ~5 Y
(b) the quantity released is less than the quantity in respect of which duties were paid;
; M( e; ]; ~' p5 m0 j' o# b(c) they are of a quality inferior to that in respect of which duties were paid;
* d( v8 g; E2 q' j: d9 I(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
0 t; H) \! L6 T5 E V" Itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
7 y7 B) x( E3 e9 n( @1 H. W, Ocase may be, was made in respect of those goods at the time they were accounted for under
+ `: e2 t4 D. L0 x' @subsection 32(1), (3) or (5);: @5 |& n, _ U6 g+ v! t/ r O
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0 v# @3 ?. m/ k(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. a7 y) E9 O1 n" R
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) B& j, G3 k9 A5 b; Vaccounted for under subsection 32(1), (3) or (5);! m, x- {: a L, L
(d) the calculation of duties owing was based on a clerical, typographical or similar error;! n3 f$ L& z0 ~8 g
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
* c# }/ G9 n- ~9 t! A/ v( Cof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
/ [: |+ N! \! N1 W7 V) |7 `value for duty in respect of the goods and the determination has not been the subject of a decision
+ n- g4 e% P) I- Y% u3 S! @under any of sections 59 to 61;
+ L5 S0 l+ O8 R(f) [not applicable to non-commercial goods];
) P4 P6 m; x7 p% B(g) the duties were overpaid or paid in error for any reason that may be prescribed.
* D' S9 i$ J) Q) I(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" x" S+ \2 k: Q1 u
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of1 _" t: r1 j9 Y7 T6 S& {* w$ P6 Q
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).& o- s- t! w: s$ T5 N7 K( `
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim: a6 `$ q2 @! ?; A; v2 @
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
- }; K$ ~& G* m5 B5 m(3) No refund shall be granted under subsection (1) in respect of a claim unless$ O- V4 @% _( m% c; m
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
; t& x4 ^9 K+ A. [2 T8 c, P% ?. erespect of which the claim is made or otherwise verify the reason for the claim; and
+ E! k8 X x9 W R4 j. P G$ @(b) an application for the refund, including such evidence in support of the application as may be% K" y: }6 G2 j6 J
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& w6 O u6 A {0 h9 h' i9 fprescribed information within
% Z) [9 W* O( g7 f' S! w1 c: ^(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)0 q( T1 {7 x8 D4 t4 L! F
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' {# r9 j n7 m; u# U
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 m6 Z1 i! ^4 s! G9 U& u5 v
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
; P' D# C! y- U) P& ](4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 i3 P6 j# I9 s- v3 ?3 k
this Act as if it were a re-determination under paragraph 59(1)(a) if
6 }- ?1 m5 E f; p" t(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# S. z$ z( |. ebecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( _. u: O: t$ }" \. e
eligible for preferential tariff treatment under a free trade agreement; or, d' g! q3 h% T2 Z" m1 V
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ N' N/ d) l7 W; }5 K' Tbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
3 ]4 h2 [5 C2 _incorrect.
6 a- q# @, g8 P2 {# z. Z(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),' D/ ~# R; v: C( C% n9 z% T
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# D! {: d7 @( F- y* V9 { X# G R
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 s" u+ h1 n* [3 X) K8 dwere a re-determination under this Act of origin, tariff classification or value for duty.
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# S* U/ C$ @. D7 A4 k& E这到底是说可以还是不可以啊? |
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