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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
# y' T+ c8 D! q+ l# O1 ^3 f上面说 非商业 进口 可以免关税?9 t& W2 V# i# _
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" u ?+ Z- q# v, Z* e, shttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf( P8 z0 T8 X, `" {
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Refund Requests E# M' O5 c6 O( \- h' g$ S' r
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 S& ~6 H$ Q& Y: r/ I
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
: G( M, [2 P8 v% b& x( dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if: l& N' B& p6 r& a
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to( o' p* J3 m4 l) b9 H: b
Canada to the time of release;7 c" S0 ~: J; |' @% L
(b) the quantity released is less than the quantity in respect of which duties were paid;7 \' ~2 p2 o8 `" M- g% v' o
(c) they are of a quality inferior to that in respect of which duties were paid;4 }2 u' z" A7 ]
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
$ P0 R9 h1 E9 [; ^/ F7 |9 t+ r; wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the5 q8 T* O/ Z, J7 q7 r. p0 K6 r
case may be, was made in respect of those goods at the time they were accounted for under
! v1 b; R6 R4 P1 y. H/ I0 Tsubsection 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
( H; z d, m3 T( s1 E" j2 { gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are0 t$ B( k- o6 O6 y
accounted for under subsection 32(1), (3) or (5);
5 m: K1 Z2 p6 S$ {# |(d) the calculation of duties owing was based on a clerical, typographical or similar error;% u- O0 k( K4 j- v5 X* g2 e
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
; J9 Q4 ^' {* L0 ^* L9 W' Uof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
, }$ b4 v( P. F0 A; G: f6 H( Rvalue for duty in respect of the goods and the determination has not been the subject of a decision
% k$ T& ^/ T& N' m; Runder any of sections 59 to 61;
9 }9 z% A, q4 T1 p7 Y9 _6 I(f) [not applicable to non-commercial goods];0 U0 V; P5 I1 Q; ]
(g) the duties were overpaid or paid in error for any reason that may be prescribed.! _% k) n8 T: d8 V5 \6 ^! ]
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
# w. c( I) F8 S/ w% ^% ]3 g7 ~on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; b) Q5 N+ H* zthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).# u8 W1 Q* z* I
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim. J) g9 @2 ~. _) Y
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ ~! e5 ~$ N" o: V; A5 H(3) No refund shall be granted under subsection (1) in respect of a claim unless
. V* b( Q S8 X* {. @5 {% J(a) the person making the claim affords an officer reasonable opportunity to examine the goods in! T4 F7 M i7 k+ |' i i) z
respect of which the claim is made or otherwise verify the reason for the claim; and
3 _( V9 T6 n3 ]3 r(b) an application for the refund, including such evidence in support of the application as may be5 z& @) w! h- P
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the6 j$ ?0 q) @3 k# O9 D9 I% t' _
prescribed information within
X% L& j$ b3 q: ]2 w1 Z- N(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, p+ @; `1 Y6 t, t# V; v' J% q/ [or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and! I+ L5 c. j# g: D/ a
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ R$ B; Y( X K) Wwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.! Z5 Z, O- V( F$ U& y
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" y) f% _: J8 N: U" x; b; |
this Act as if it were a re-determination under paragraph 59(1)(a) if
; I; T( I, R/ C0 ~+ V! n# Z5 V" B(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
0 }% K4 J; Q. t! n$ Rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
J, Z8 A8 E" R- N, b: @; P9 meligible for preferential tariff treatment under a free trade agreement; or/ i+ \1 r5 A$ N, v
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied$ \$ p2 J& P1 K. k8 H; ?) [
because the origin, tariff classification or value for duty of the goods as claimed in the application is
: ^1 H+ y, U. z. m( o Qincorrect.5 c6 o6 X2 e: l+ v3 g0 m! s
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),' y) P; p, Z; V+ v" V7 m
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: Z, }$ }& V* P8 w7 x8 ]* P2 z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ G! I& i- B1 n3 F( w
were a re-determination under this Act of origin, tariff classification or value for duty.
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! D' V' T! b* F' P) ~# X这到底是说可以还是不可以啊? |
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