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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 H) f! b# ^0 i上面说 非商业 进口 可以免关税?. D+ Q; |$ Q2 k2 ?- [( x
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf1 Z, `- y3 ^/ B- h& O) B8 r
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Refund Requests5 p7 P- ^% f- ^! [
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
7 J3 d+ P: I$ @. Tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( I6 X$ r0 M2 c9 ]
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 H- { Z! O& l5 V(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ G: ~- d6 t- s/ R% q
Canada to the time of release;
! W9 h: q/ T: c% L6 @+ ^" W% a(b) the quantity released is less than the quantity in respect of which duties were paid;" F% M& ~4 z h- T M
(c) they are of a quality inferior to that in respect of which duties were paid;5 D8 H. Z+ x( r! S$ B3 V
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential) g5 L0 C2 m t$ O e0 x
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
+ W3 N6 ?; y* A* g/ ^. Scase may be, was made in respect of those goods at the time they were accounted for under A& r" a% I, H( B/ [
subsection 32(1), (3) or (5);. E; I3 N0 d9 _; Y' b# {6 O
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8 y7 |3 O; z8 L. ~(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 J; F* b8 W7 ?/ l) r$ r s1 E, Z4 `
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; m( m4 \1 c" [accounted for under subsection 32(1), (3) or (5);: F: I* W1 S/ p7 q
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
" T8 @5 C- Z! ]* a: l5 i8 y(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)5 V" q7 L5 B8 J1 Z; x
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' O% m% Z- i8 ]8 _4 B% p
value for duty in respect of the goods and the determination has not been the subject of a decision4 ~! `; Z. v$ b) e a) A0 x0 x
under any of sections 59 to 61;
, U" K# s+ X: J: P# I3 m( U$ P(f) [not applicable to non-commercial goods];
' f N: d' }- \( X$ G* ~(g) the duties were overpaid or paid in error for any reason that may be prescribed. Q1 T! }! g @, H8 A' S& W
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
% B: P7 s* i: Gon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of% V9 P/ o' e) @% B; X+ a6 S. ]
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).8 ?% d2 t' R$ h7 `
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 F7 M2 q3 ]& i$ V
unless written notice of the claim and the reason for it is given to an officer within the prescribed time./ ~: C: c1 I, Q6 y: V2 g
(3) No refund shall be granted under subsection (1) in respect of a claim unless% u$ ?2 Y9 x% `# X+ o
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 l7 ]5 Q8 l: q4 Z( _! L+ j
respect of which the claim is made or otherwise verify the reason for the claim; and
. T" k! Z8 M9 T(b) an application for the refund, including such evidence in support of the application as may be8 v& w8 E5 S$ Q' ~* ~1 R( ~
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, o7 A0 ?& I! [6 Iprescribed information within. W4 D. p3 ?" }
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)0 F: m* \6 q% _/ S; s3 }
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: \0 @; S6 A( E2 L/ [! a5 ~9 h(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; y! G" T9 ^; R- a2 t/ l' D. R4 Uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.8 P* U9 J+ M" ]1 E/ k7 ~
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of+ w) A4 g' a% d0 C; \1 p0 z
this Act as if it were a re-determination under paragraph 59(1)(a) if
" K* @( e$ ]: ?$ W! i* |/ _(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied% F- U: K, b3 A5 E3 s2 `; A; A
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not. y% W5 i6 I, ~1 o' T! z6 _0 u
eligible for preferential tariff treatment under a free trade agreement; or5 L0 o+ l# `; n6 o( O
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: O7 A, G* `3 w6 i4 f: H" lbecause the origin, tariff classification or value for duty of the goods as claimed in the application is. N1 m5 `! h* T/ [+ E% f7 t
incorrect.' V- G- c/ j( f, K5 t! P6 {2 X$ Z6 D
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),% W/ B3 Q7 [' }! q6 T0 t
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 @# p) B: o1 o
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it! S1 y0 X( Z* m4 W1 h
were a re-determination under this Act of origin, tariff classification or value for duty.7 M$ X6 s. W8 R- C
3 h* s3 h& V& _* Y+ ]! n; l这到底是说可以还是不可以啊? |
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