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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
. m! ~5 _1 J5 Z+ B% `! K* V7 U4 K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
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Refund Requests
6 c- ^6 k: L/ ^, L74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
& i0 M$ s: W H" ^' w# }paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
: h; Z0 Q* b: L/ F; {7 rof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. N5 @6 V! [# I4 G: G/ N(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
, K+ R e) e& ?Canada to the time of release;+ g6 J* ~6 P" Y$ G
(b) the quantity released is less than the quantity in respect of which duties were paid;
. H. j0 w6 B2 O+ A( z1 m* U0 p(c) they are of a quality inferior to that in respect of which duties were paid;; S% w2 E; B! v9 {
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 T; K, d( M# ^+ u5 Ftariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 g! W* s0 J% J! y( ^& O5 f7 Hcase may be, was made in respect of those goods at the time they were accounted for under
9 S1 g1 }* G! B+ R" l. ^2 Osubsection 32(1), (3) or (5);% v9 v9 o( @: o a
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for; [6 N/ w+ ?) L* O
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 ]/ t- n3 q+ `2 r1 f
accounted for under subsection 32(1), (3) or (5);5 y% G- l+ l( K0 M+ x
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
, d9 f4 c7 u* d- i! g" c. @(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
( ~0 s7 K+ j3 ?( Q |of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or/ U' k* o$ w+ B
value for duty in respect of the goods and the determination has not been the subject of a decision
% p9 v4 x6 a' F% U5 p5 \# aunder any of sections 59 to 61;
u# N' ?: w* C1 z(f) [not applicable to non-commercial goods];7 S1 P, @/ S0 |* F; w
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
+ U. U+ k1 x; K' Y) B, r(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 L" ~- I; Y- A; m; ^# W6 xon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ a% F6 }! a/ ^0 Hthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 O/ g" N% E( a U: \1 p2 f(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim7 |# C% A: L& N
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 v' P: A6 I+ W7 W1 `# Q
(3) No refund shall be granted under subsection (1) in respect of a claim unless
/ `7 U, a( o) Q3 Y' L(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# G8 m6 a! Y4 n& j! Y% N0 Z2 Drespect of which the claim is made or otherwise verify the reason for the claim; and" d6 Q0 ]: T% s1 Q: I8 A* U
(b) an application for the refund, including such evidence in support of the application as may be
' _* i7 b _# {7 E. x# }4 a% gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 r4 P5 f: v% f; f8 ?
prescribed information within1 O, `8 G5 a5 E0 f0 ]
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)1 i h3 l/ U8 J: Q. [
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
8 j2 A, K5 U, z* t' [5 k3 ~(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods+ H% _$ ^6 @) x
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
$ [; v) \0 W" f(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 x! W( e% J9 ]; t3 I
this Act as if it were a re-determination under paragraph 59(1)(a) if
6 u' Z- @5 {+ v+ o% U* B(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
1 J2 N% Y1 h rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not3 A l- u3 z+ ^* {0 p
eligible for preferential tariff treatment under a free trade agreement; or
* q; Y6 V( i4 f! T7 Y S(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied# I3 z: W% j$ p( t( T
because the origin, tariff classification or value for duty of the goods as claimed in the application is
8 b! e6 u' J0 V2 _& a: K3 uincorrect.
" `7 n& V- x+ ?* W' [$ n0 w(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, v* E; R3 ]# x* b6 [! ?, l
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
! p, J" O* X0 E8 y$ F { }other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it/ i) I" B* q) j2 A( _; W( _
were a re-determination under this Act of origin, tariff classification or value for duty.
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8 ], v+ P3 ?7 S$ \$ y这到底是说可以还是不可以啊? |
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