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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
- G; g1 K: t5 x; P. |上面说 非商业 进口 可以免关税?
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- T5 _- `6 W5 rhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf/ b3 F% X+ N1 @- k# d: B
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N$ d5 b( z, X8 qRefund Requests' \7 w( `5 m2 O6 \' R. G/ |0 w
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
- D, u. M1 h6 P, }paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
, n e; E+ U4 Z% |1 x5 A6 T# uof those duties, and the Minister may grant to that person a refund of all or part of those duties, if: y$ ]: m# ], X8 u& \0 p
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to) f- V. e9 P- h+ \
Canada to the time of release;
/ ? i2 p$ o' U& ?, \& \ u(b) the quantity released is less than the quantity in respect of which duties were paid;
+ c, s; ~. o8 E3 g(c) they are of a quality inferior to that in respect of which duties were paid;
$ y0 u8 j3 {4 w3 R K- n2 f/ x(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; y: f( \: w2 N0 I$ P5 X
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 j( d; m2 e8 e, p1 F! ~ ^
case may be, was made in respect of those goods at the time they were accounted for under' v2 E8 M; w# _: G8 l& @3 @
subsection 32(1), (3) or (5);+ ^2 t! F7 u" Y; |6 Y
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for, I* W$ I4 A$ k! `
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
7 S7 c- e& {# M. B4 ~accounted for under subsection 32(1), (3) or (5);- t' J0 ]6 G7 M- s- z& G
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
0 { x E2 p* D(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 u0 G9 v* ^* X4 l. w8 {7 I
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
6 N2 ` g/ T2 \1 C) i% Y! v: rvalue for duty in respect of the goods and the determination has not been the subject of a decision
( C0 ?% D4 Z4 |# t6 |; Kunder any of sections 59 to 61;$ Y n& A" T2 Y; Z8 ^8 j. b/ X
(f) [not applicable to non-commercial goods];4 o( `7 x+ c0 a6 L1 W! x- S
(g) the duties were overpaid or paid in error for any reason that may be prescribed.4 _& k4 K. H" A1 ^5 g6 x5 O
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
; f0 f- w9 i) B( X! Son tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
0 n. h* g2 B$ q d+ cthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 ^4 I, V7 s6 ^% W(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. Z" T# u5 Q7 [. n7 B. o- G. U
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.! g; P0 h1 G$ y2 m- [3 U
(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 |% ?$ ?, I2 r3 j8 q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in* S6 M# O! p& q9 b, d' U
respect of which the claim is made or otherwise verify the reason for the claim; and
& ?, s# A! }+ u7 ]- b8 o) F0 A% |(b) an application for the refund, including such evidence in support of the application as may be
" Y$ O$ {& h. U1 ^prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the( O1 ]/ _6 w& l' y5 l
prescribed information within5 S8 ~2 Q" M2 w/ t
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( b; h: z' _, e6 l# x+ yor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
5 k+ \3 c* C. Q( K5 Q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( P; O$ | |# O- Iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) H9 `% Y+ m2 k: H$ K) C3 h7 g9 v2 ?
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* Y, M+ @3 s$ h7 `! j
this Act as if it were a re-determination under paragraph 59(1)(a) if$ o1 O3 t9 B. h
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied# r) H+ Q3 ?" i1 A
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not$ [7 p1 c' @; B: `/ ]; @
eligible for preferential tariff treatment under a free trade agreement; or2 x% W, I8 P5 \. P) X
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
* _ T- n0 f+ \1 t6 ^because the origin, tariff classification or value for duty of the goods as claimed in the application is
* E0 i `# c) Q. nincorrect.
4 i( @; |# M, E& V% X(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
5 z; r' r" p: w- T* o(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 U& O- J# l9 m9 y
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
4 Q/ ~3 l, O# A' T4 }: Fwere a re-determination under this Act of origin, tariff classification or value for duty.
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! K4 [! {8 X% T4 p* z0 n$ [这到底是说可以还是不可以啊? |
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