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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
" Y% r B0 q6 L1 R上面说 非商业 进口 可以免关税?; z# Y% G+ T% M1 @
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* N( P& o w( `: S" }1 }# k8 f+ fhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf: B) n, k, S% s; z
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Refund Requests
0 ?6 [( O! r9 O" x) Y74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who1 A# I$ G: ?' n. @ Y% O
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
0 u7 l" j8 Y) k0 @) W) h6 ]) qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. R& {& p; S$ T0 C* b1 j+ ]1 Z" w8 f(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to8 `9 T4 Z2 B8 C! l' w" g" {
Canada to the time of release;
8 w( H. |5 C1 m1 A" M; g: Z(b) the quantity released is less than the quantity in respect of which duties were paid;- W4 S# }1 `1 ]3 [
(c) they are of a quality inferior to that in respect of which duties were paid;( ?2 @5 C# Q# @+ t- `4 ~
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential5 n! Y0 w Z# X8 b# {
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the: H; X* u# U3 [. t; T
case may be, was made in respect of those goods at the time they were accounted for under j% [) J5 k; O1 m' K) T0 G
subsection 32(1), (3) or (5);" L: S0 v+ t9 Q
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( u, I. D* p! g(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
1 [5 `, O7 F" o/ o: S7 Epreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
5 j7 |+ c4 |% [8 R, S0 Vaccounted for under subsection 32(1), (3) or (5);
q- y& k! x: b( t(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 Q) I# k, v0 I
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 U9 o z6 _ p% r# @; g8 Cof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or; d( o4 o, O+ g! }
value for duty in respect of the goods and the determination has not been the subject of a decision3 W9 n4 p/ W3 k
under any of sections 59 to 61;) @! K o {) v0 d( [4 D$ H8 E7 ]
(f) [not applicable to non-commercial goods];4 R" i& j. v! W
(g) the duties were overpaid or paid in error for any reason that may be prescribed.% G3 J8 U1 y6 \- j7 q0 O, i
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
* v D0 y; t' Eon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of- k% u: P+ w3 Y0 a& L1 G' A% o
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
, ~8 \. }* x( {7 }- N/ X3 m( A(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. g+ f- i" r2 E0 Y, I7 z# xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& P) c% V0 Y9 D- Q, q ~4 q; D% J(3) No refund shall be granted under subsection (1) in respect of a claim unless: a! ]" }2 i9 p, _8 c4 w
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in! f$ i- k9 x/ f0 c+ A
respect of which the claim is made or otherwise verify the reason for the claim; and
# `: s; Z+ I! t& x! _' v. M. j& I. g(b) an application for the refund, including such evidence in support of the application as may be
- V7 `6 P4 y1 _2 f% f/ uprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the+ H. L# m! [" d
prescribed information within
( {- Q7 g, \% _, _+ T6 |3 ^- @) I- L(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): v" {' e) q- b$ Q- w
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and. ]+ d6 u& h3 [/ N% v
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( f9 n; ~% B- r3 U# Y+ h" U3 A/ g! owere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ ?. U! e& C& b3 G& q
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
0 p) A! m' A2 A' T& Z+ |this Act as if it were a re-determination under paragraph 59(1)(a) if2 |/ V% |* N. K; l
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied3 }1 C% W7 b, U) H f
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not8 N% f! |9 W. s& j
eligible for preferential tariff treatment under a free trade agreement; or# E ]$ V) G0 p0 A. g0 Y
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied0 C6 B3 v( J5 \+ f7 \4 }
because the origin, tariff classification or value for duty of the goods as claimed in the application is( F, q! e2 o0 {7 S a0 y2 Q/ m
incorrect.
5 R( U3 g. Z7 ^) c0 `(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),: d! b. X" q1 @& v% S- c1 r5 V" m
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# E. q3 _# m) z! g2 H
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# y! _5 S0 a( e7 H9 `
were a re-determination under this Act of origin, tariff classification or value for duty.
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* h: R7 E+ j- @) Y) z这到底是说可以还是不可以啊? |
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