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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
% a) S2 I" F# B# a) r4 h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.pdf0 C' [$ [9 s/ U8 J) \; j
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' O. b( c8 k$ \, o4 U$ R% H: ZRefund Requests- ~$ _3 y& i, Z/ [/ K
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who+ V6 J @) E- l$ L: N
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 Z# u% K- A4 ~7 C) i- z" H4 C* Nof those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 o$ ?1 X+ X8 ?$ }
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
3 ]' A# ^4 Z7 _# W" d/ R9 s9 @Canada to the time of release;& |$ f* o7 p3 v! x0 s) ]. X) L$ F0 I
(b) the quantity released is less than the quantity in respect of which duties were paid;3 m" x; M" E' v6 N8 l
(c) they are of a quality inferior to that in respect of which duties were paid;" D; F2 j' j2 `2 @. Q
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: Q6 g; h: V. N8 k" |- V0 B0 Atariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
8 ^6 K, {1 U7 j+ ?case may be, was made in respect of those goods at the time they were accounted for under, y: d, Q$ |. U1 N7 [
subsection 32(1), (3) or (5);& L# F; H; K- t& s: w
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: U5 B3 R0 G; ~' g' L6 E& y(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
1 z! S) c7 v% W: Jpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
7 ?8 q, X& ^# w/ N1 R6 D& Yaccounted for under subsection 32(1), (3) or (5);0 _$ O" X! R% `
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
* }$ [4 K( r, e6 U! _+ S& I(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 F6 A0 t: |; Y, c; @
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or% ^ z) Q1 c* Z8 H2 S) E
value for duty in respect of the goods and the determination has not been the subject of a decision6 K- b; ~/ @! p) K9 ~( x; P
under any of sections 59 to 61;
R, R# I& R3 R4 M1 K( v5 e(f) [not applicable to non-commercial goods];9 \& l' x: @, h7 ?
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- _$ o3 U+ E* t# Y(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based) B* u9 h l" r. ?' u
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of. c; t- R7 T% P
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; E/ _1 a. {; T1 d/ Z2 d
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim& H6 t0 ^/ ? K' y( F& {
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& n- K4 g3 O0 {+ n- @(3) No refund shall be granted under subsection (1) in respect of a claim unless
( B' h+ U8 F$ |: m1 e" x" J(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
5 n1 l6 v2 z C s& a" ~respect of which the claim is made or otherwise verify the reason for the claim; and
( x# S; d' P( U W* J(b) an application for the refund, including such evidence in support of the application as may be( J7 s( {* e; C' G) \( I
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& x/ T) i& }8 `% ~! Z
prescribed information within4 p4 d6 T2 Z1 G4 R# N" s
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)6 Q3 q6 I: P. v! \1 g% A& R
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ b0 n# _( L- a3 ] H
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
# ]. U G. `! f% H, Y) ^were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 d9 U; b: F. e! w* J5 L1 ^: Z* x5 P& T5 O
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
6 i- h8 q( E; a/ h7 [this Act as if it were a re-determination under paragraph 59(1)(a) if
1 B+ m0 x' S1 C! k- w(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied9 F Q. N2 a0 b/ Y S# H
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ ~/ P; J" ^5 y' {; z# |0 meligible for preferential tariff treatment under a free trade agreement; or6 B6 C6 s8 n ~; k
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
3 v' T( C8 ^; ~3 p+ T1 }because the origin, tariff classification or value for duty of the goods as claimed in the application is
; j, z7 _$ Q" @- I' H( w, q7 \' a9 w+ {incorrect.+ o% W! d/ O; v
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 H6 d P9 _3 ^- S(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground7 M1 ?9 s) s2 }: ?3 @) l8 P
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
5 q' j3 u ?% z: jwere a re-determination under this Act of origin, tariff classification or value for duty.% F! k, \" I" s$ o7 p
8 h% o; y- T; M1 X% b+ c5 I0 ]这到底是说可以还是不可以啊? |
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