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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
+ e a; Z) [! R( Y, [/ O/ P上面说 非商业 进口 可以免关税?/ H% a" E1 k' |3 h b* H+ Y
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& Z/ F4 O3 _# O5 [http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf' i5 N z9 R3 g2 p, f0 w
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Refund Requests
5 ~5 G2 U' P( ]" C; k74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who0 I( {- V8 Z; f! p
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
# S9 C D d2 O- Q% G5 @of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
; h; V o; K+ `" z(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
& A/ `/ L# f B9 A( I* |Canada to the time of release;! m: a. C7 n6 \; u x
(b) the quantity released is less than the quantity in respect of which duties were paid;
8 f% `' q0 d! ]4 J(c) they are of a quality inferior to that in respect of which duties were paid;
2 g2 X, D- B1 l! ]! B4 r( Y( H(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. z- m! l9 j0 T' H7 Jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the" s2 L7 c% N$ t! _9 A) ^% ?5 Q
case may be, was made in respect of those goods at the time they were accounted for under
9 f& c8 h9 T- ^ u! n0 T% ?4 W" |subsection 32(1), (3) or (5);
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" F8 u- \1 }' ?4 A(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for: Y6 G0 X6 k# X, J# C2 i
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
$ X2 B9 ]$ ^6 R! v6 b s1 C% Iaccounted for under subsection 32(1), (3) or (5);( \0 L x$ T) w* d2 r
(d) the calculation of duties owing was based on a clerical, typographical or similar error;, K0 \: B! _7 Z
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: K g4 p& H4 w1 z* }# Gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 f, H% ?) S3 U X2 \; u9 @2 ]/ b1 C
value for duty in respect of the goods and the determination has not been the subject of a decision/ v* L$ u5 c8 N. B7 m9 L8 ^
under any of sections 59 to 61;+ }4 i& Z% r) ?4 U d5 J
(f) [not applicable to non-commercial goods];
# K" Y0 o1 B- X6 J1 D# N(g) the duties were overpaid or paid in error for any reason that may be prescribed. y9 ~# k* [. O: Y4 P
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
; m3 g5 i% z; z9 w) ion tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
6 c' P% l2 u- k" l( athis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ i* C2 \0 q/ E, [; l9 m$ v: [
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
9 j* t% ?" O# o4 n7 L1 y runless written notice of the claim and the reason for it is given to an officer within the prescribed time.1 x# r0 m" H. i8 i
(3) No refund shall be granted under subsection (1) in respect of a claim unless L4 r S: [. o% _+ C3 D
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 M$ Q$ H1 B) F' ~* }& M/ @6 _# Lrespect of which the claim is made or otherwise verify the reason for the claim; and
6 K; O: v8 z4 v" z& j(b) an application for the refund, including such evidence in support of the application as may be- T4 y1 }' i, Q1 M9 r5 Y
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 ^% Z5 C. n1 f* J
prescribed information within
7 X' V& l' N+ r! C r9 l/ v(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)5 ]0 W1 A# N, q7 U: j* s
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 M1 J Z8 a8 a& z) a+ d# r$ g(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
c4 z$ f, S) f- Owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) R- t+ H8 _0 ~7 n5 `4 r) |, K
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of7 u3 C4 y; ^8 R M$ Z- A
this Act as if it were a re-determination under paragraph 59(1)(a) if
/ e, g, y8 O' |7 ? O1 V1 ^(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, q, l' b8 I+ c) B$ _
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
" R* g. t/ `0 y$ Weligible for preferential tariff treatment under a free trade agreement; or1 Y1 O" x* X4 H, @. G$ ]. h( T
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied1 O$ Q$ ~9 j& ]: Z
because the origin, tariff classification or value for duty of the goods as claimed in the application is6 g# ~) x0 [! V J* z
incorrect.- G1 C, E) P3 o; g* {# U' V
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
# U& m, n' i7 s; \% o1 U4 l(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 C/ f6 D" I6 F, fother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: r/ A3 c. C2 t: ^were a re-determination under this Act of origin, tariff classification or value for duty.
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! q5 L& E" u+ |! x9 X' d$ I: {这到底是说可以还是不可以啊? |
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