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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
0 y4 W- C7 V1 t. i9 s- C, f9 d( z上面说 非商业 进口 可以免关税?& y, \" P, U- f3 b6 S
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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. F( r9 i8 d2 KRefund Requests& e L3 H; Y0 E. I# Z! T
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who- [1 b/ H6 e% C; P7 N
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
7 g) W' G/ D+ k% Hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if' t& T0 g9 ~4 m. {0 m( D. D
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to( d6 }1 ]; ^) U& V# K
Canada to the time of release;& _+ n5 t, T* \
(b) the quantity released is less than the quantity in respect of which duties were paid;8 v4 o0 N' u9 i. {% P) i, A: }. n
(c) they are of a quality inferior to that in respect of which duties were paid;
) D* _ h. E" X9 R6 y: `(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
' j" B4 |/ k: Ftariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& T2 P1 |8 q9 u7 C
case may be, was made in respect of those goods at the time they were accounted for under+ c1 T) F2 j5 z- o- i. C& R% @
subsection 32(1), (3) or (5);3 k9 r e8 }2 m2 H2 a+ o
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
* W" ^0 Z2 j- B% ?) |$ P3 dpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; r3 Y4 f6 `8 a+ l# a$ b' c faccounted for under subsection 32(1), (3) or (5);
( K6 K% o1 T; z: G0 t(d) the calculation of duties owing was based on a clerical, typographical or similar error;
. g1 v& n/ t- I7 }8 n(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)( q: F9 S- q. N' `$ S, d% c
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 o4 K, I- f! ?value for duty in respect of the goods and the determination has not been the subject of a decision
" p0 A/ k* ?8 c g: x$ _under any of sections 59 to 61;
* Q U) J4 ^6 A(f) [not applicable to non-commercial goods];
- U8 q4 {# D, Y(g) the duties were overpaid or paid in error for any reason that may be prescribed.. c; U; ?0 P& L
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based. v9 v! R8 {+ G* t" A- C u2 X
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! l' i' [3 B5 G
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
% r' c O8 p8 _- L# `# U8 G(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
% ?8 r* ^- h$ Q6 ]0 Punless written notice of the claim and the reason for it is given to an officer within the prescribed time." J% Z, C" x0 N7 a6 n3 u( P
(3) No refund shall be granted under subsection (1) in respect of a claim unless
5 u- K3 @5 z8 I(a) the person making the claim affords an officer reasonable opportunity to examine the goods in- e% g3 J: S! f& ? l, [$ Q
respect of which the claim is made or otherwise verify the reason for the claim; and
, E+ @ h+ t' X: l3 o" a% F0 h(b) an application for the refund, including such evidence in support of the application as may be
/ U6 K' x0 Y* \( O" m6 y' W) T1 zprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the, x# W( i& {' G
prescribed information within. t U( _0 D a+ |% e- p
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)6 K- [8 L% q2 H% x" j* U
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 K) C" V: V, G7 p6 c8 i
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods6 b2 Z3 J) p6 d7 d: A
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
- E( T- `" X! n* H& H(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of/ @+ q: G% J4 q' A6 w5 F
this Act as if it were a re-determination under paragraph 59(1)(a) if6 J) |+ B2 X5 C6 ]
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
% ?& i5 K# ]. [7 k8 W) D) V( n/ Dbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* g2 L1 t3 P( f- K+ z
eligible for preferential tariff treatment under a free trade agreement; or. I$ [1 L: P* A6 m! y$ m, Y
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
( T1 y+ N9 P) bbecause the origin, tariff classification or value for duty of the goods as claimed in the application is2 I/ Y0 S7 v Q5 |1 d0 `6 H2 {8 ]7 m
incorrect.
/ m$ I5 p F5 J(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; V$ W U# c+ G# d* U a v1 l
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 F( U! C' |4 W/ @. V0 \other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* y( k9 |; n) h0 M" P9 n5 O
were a re-determination under this Act of origin, tariff classification or value for duty.
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3 u& A2 K+ f, h. R, j1 X3 ?这到底是说可以还是不可以啊? |
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