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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
& y6 w0 ]4 m2 Q9 S l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" O$ |' V3 q1 g: G" }; U
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2 F! l* r# p' F8 Z" dRefund Requests
' j. v. v) @2 t4 F74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who0 g j' n! n8 I' @' x# b: O& B. g$ P
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 }8 _- V! [: {$ d2 Z$ s
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
) `5 f- i" f4 q* H4 g(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* u& z, ~& S' Q) ], E( _7 S2 O L0 cCanada to the time of release;
2 Z; F% G5 J q: J+ ^7 M3 p(b) the quantity released is less than the quantity in respect of which duties were paid;4 |+ j! Y2 U, j1 |! S
(c) they are of a quality inferior to that in respect of which duties were paid;
# i' Q; w/ {/ Q |& i m \(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential/ V; D0 y$ ?6 c) g% z2 ?7 M
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* i6 E2 V% f/ P1 `# u" f' [case may be, was made in respect of those goods at the time they were accounted for under
, j0 T( }* N" B: o* r( usubsection 32(1), (3) or (5);: r2 I8 q5 O7 j# S1 w0 t
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g8 \& B4 [4 I% }! W5 f S(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" `3 p. I6 I) z# S) W9 xpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
2 `* z B' J$ `% @$ [+ kaccounted for under subsection 32(1), (3) or (5);
* O, K0 s: T7 [5 v1 A2 J3 t(d) the calculation of duties owing was based on a clerical, typographical or similar error;/ ~+ a5 d1 p" m2 b$ F- I% p! l
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
3 g: P- e8 E8 d# qof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' W' \- h/ Y2 X; w& Nvalue for duty in respect of the goods and the determination has not been the subject of a decision
( M/ U; h/ a b3 |9 e. l- r5 q' Punder any of sections 59 to 61;' t+ Z: [& s0 @1 ]6 p# Z7 W
(f) [not applicable to non-commercial goods];) R0 K2 U9 l7 q1 a* T+ i' q
(g) the duties were overpaid or paid in error for any reason that may be prescribed.6 v8 O& ?& s- t
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 @ ?9 G2 [% j q7 h- ^
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
- `8 a* F/ e: \- w9 U) E }6 w4 Jthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).6 }* y" `2 j1 u& v% }( m4 \5 T5 t
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim' m) v6 |& ~0 \" c0 `# a) F
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.' @/ Y2 I* N& U* q$ v# m
(3) No refund shall be granted under subsection (1) in respect of a claim unless
$ y; c$ O! j8 @( v3 L- r(a) the person making the claim affords an officer reasonable opportunity to examine the goods in, p: O) X z& w0 g8 Q U
respect of which the claim is made or otherwise verify the reason for the claim; and
+ U9 D2 W- G6 @1 v(b) an application for the refund, including such evidence in support of the application as may be+ p W8 w* D* J
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 [$ u ^* ~7 k- L+ Z6 `* ?4 l
prescribed information within
3 K/ |+ _" g7 E(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
b& H. L3 D. U; L. for (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ O$ e# D; E ]+ a1 b
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods( o( h U+ V% e' N& G
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ f! t9 a! w) t4 |' X5 }
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
% r1 U$ D8 Z( x4 M# zthis Act as if it were a re-determination under paragraph 59(1)(a) if* b4 J/ b* H1 v, L
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
* s3 p! Y: T7 z- Y# _4 Lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) Q# @ k' p0 z O
eligible for preferential tariff treatment under a free trade agreement; or
. l' l% ~3 J' W$ z" E& B$ W(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied" x4 ?' z* K" O7 r: r; L
because the origin, tariff classification or value for duty of the goods as claimed in the application is
; u. B( y" K1 x: q9 c' z& j6 Nincorrect.
+ X" ]3 K# m! ^" E- R6 E3 o( U(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
8 A E5 ^$ t! d4 y# ^& c) J(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground; v. e) o7 ^" E0 o( V* B; _
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ P" [& N( r2 ^8 P. nwere a re-determination under this Act of origin, tariff classification or value for duty.: h8 E8 |, B4 [ O( Q0 Y, F4 H
7 K; x4 }* R _" F4 u这到底是说可以还是不可以啊? |
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