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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
3 B4 M7 `$ p$ R1 G i上面说 非商业 进口 可以免关税?
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0 ^5 g6 ]( Z, B% o. O$ I- \http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf* G# j% i( {$ a! }1 j9 a
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Refund Requests: \- V# Q9 e& ~7 z% G3 _2 C
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
L& ?9 d% P& B; ^2 [& k* Gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- \4 x' C0 r$ q# Oof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
4 o, t3 X; L# ]* N' Z/ A _3 h(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to3 G; r4 Q5 E& y1 Q7 i; n/ q
Canada to the time of release;. a: G5 J/ O' X5 E$ o) J2 ]; M8 L8 z
(b) the quantity released is less than the quantity in respect of which duties were paid;2 W K& o1 V l( I
(c) they are of a quality inferior to that in respect of which duties were paid;
! l8 Z9 Y3 i3 _- }(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- }; X" |8 l# k9 s" mtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 L8 |, g' Z1 x* S1 m" hcase may be, was made in respect of those goods at the time they were accounted for under
% M9 t5 C: Z3 a7 V, c2 nsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for! ~1 n4 Q6 R+ T" ~: h
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; H/ ]3 ~3 N% kaccounted for under subsection 32(1), (3) or (5);
0 B5 k0 E; T2 l4 v0 t- e. Q" s/ c9 I+ V# k(d) the calculation of duties owing was based on a clerical, typographical or similar error;
; s3 ~- _! e! N: i3 h: y+ F(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 X `$ a) b$ k6 l
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or; v8 L' @1 k( J1 c
value for duty in respect of the goods and the determination has not been the subject of a decision5 B) a( ^' k& ~3 e& M" s3 E7 G4 I$ a
under any of sections 59 to 61;
' T) ~8 X" P' \* v& O. H5 F8 j. s(f) [not applicable to non-commercial goods];
5 G( w8 T/ e9 {(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( C" j% K6 [3 Z( K& o& W(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based, `0 w1 Y- q( K/ n% D I
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 N$ y$ j' ~! E3 w, r: g
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).) p" I% ], d0 ^! d) J
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
* S4 N# D, d+ W# eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
- P& h- a( f. O7 I$ ](3) No refund shall be granted under subsection (1) in respect of a claim unless
: s6 \% Z' Z' f/ h(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
! T' e3 \* Z6 B4 v9 o/ ~2 Arespect of which the claim is made or otherwise verify the reason for the claim; and
) H- J' ]9 r: @" `0 Z- h- D* i(b) an application for the refund, including such evidence in support of the application as may be
$ K1 i3 n8 a/ I/ W' \6 F6 ~9 P' u) Kprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- b. k6 n) w* X# L. _1 |prescribed information within
. ~2 r; k& H- l& [9 w2 }, A& Y" o(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)- [. @4 G4 t" L8 I: P; K. d4 y
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% A5 R- `9 l8 q4 P" e) q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
. y# x# i4 E! @were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
7 V9 R' R9 T8 W6 X# m(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: ]3 {6 { |/ t0 y. q9 @& y5 L% y- Vthis Act as if it were a re-determination under paragraph 59(1)(a) if* {3 V( v% L E8 R# ?
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 |3 y% ^- T E/ mbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
) {7 V& k/ L8 ?9 u0 {eligible for preferential tariff treatment under a free trade agreement; or
+ Z; H4 X% j9 b9 n4 s5 ~4 |- [9 Y(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% [' F* ^4 G" L, i4 W
because the origin, tariff classification or value for duty of the goods as claimed in the application is
) K$ q$ i- K% U, ?1 oincorrect.
! \5 q5 F4 R W7 D7 F(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' n5 U) G: ~1 ` _(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* C4 E3 }5 K3 {1 d% ~3 X% h( aother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it9 Z# @7 R( c+ \0 S3 N7 O( c1 ?
were a re-determination under this Act of origin, tariff classification or value for duty.
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- P$ Z) Z# D+ h7 S0 R# q4 O- T这到底是说可以还是不可以啊? |
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