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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
% w' P g+ }' ^- u- @上面说 非商业 进口 可以免关税?. H7 t3 _ B/ W* ~7 l- m
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf) U0 ~( {" x& T F n
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Refund Requests
1 ~% a* _5 ?, y3 X) ]) b) D74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 z _ ^# ]* f# D9 S7 e. o
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# \- {- E: C( w. z! @
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if7 \) `, U" q6 W1 L( _: z' c
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to8 H( B% @* _' [" U' \& m$ f
Canada to the time of release;
& M; m7 x* L5 b; C(b) the quantity released is less than the quantity in respect of which duties were paid;0 V1 b6 p- `, h& {& a7 v. R( n
(c) they are of a quality inferior to that in respect of which duties were paid;
+ p: L1 k" Z# ]4 f3 q(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
# A" N! v3 a* V' vtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 n+ j1 W& |9 E# pcase may be, was made in respect of those goods at the time they were accounted for under1 T% D$ D7 l* ?# l! N# ~- d* t: H, `
subsection 32(1), (3) or (5);0 o1 Y$ x' s6 F: P/ K
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) F: h# Z, w F(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
6 ], u' T" ?5 z1 G U, Y- @preferential tariff treatment under CIFTA was made in respect of those goods at the time they are, `1 ?) W6 [4 Q/ {" G
accounted for under subsection 32(1), (3) or (5);
! k- J9 n$ Q0 B0 A(d) the calculation of duties owing was based on a clerical, typographical or similar error;) C" W/ {, \7 @8 B
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
& u- ?- ]+ d- @: d* u# N0 E u* Sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! A; I) R# _9 h) G. u+ A( qvalue for duty in respect of the goods and the determination has not been the subject of a decision {6 B& R+ O7 D5 E
under any of sections 59 to 61;5 N& ]2 i0 F- u! _* H
(f) [not applicable to non-commercial goods];
$ H' P0 {; a' ` T' `* P; `) O+ J(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 x8 \, l# z7 N3 n
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based3 C) F2 ^/ C' D" B! {7 @$ B1 ^
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 b0 |( R3 n2 C/ [! {8 J" q- kthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
6 z" Q& k* I9 l(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
' j- E, z* ]3 K4 R" W4 ?unless written notice of the claim and the reason for it is given to an officer within the prescribed time.. `# K1 q+ t5 @7 q* |& F7 Y. J6 K
(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 ]: Z+ z: C9 X. _(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
9 w7 _1 e1 e9 ?2 e7 r1 q4 ^3 @* ~; Urespect of which the claim is made or otherwise verify the reason for the claim; and& u: a* N0 @3 F, w! R" A
(b) an application for the refund, including such evidence in support of the application as may be
, Y7 N5 O/ Y+ E" Iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 b) z2 |3 g9 D( i/ b0 r* Yprescribed information within
2 @2 f7 d' }( Q- \. ^(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
2 L' `% Z( R* B% @, Q3 A5 e+ X( uor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and, ]/ ]& E% m) b# E) w
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# Z2 N7 d" B- v Z& o
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* b" X! ?% v% Y- F1 ?(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of6 T2 e: L2 X9 N- n; y
this Act as if it were a re-determination under paragraph 59(1)(a) if
& u5 l1 a$ K% {% f) U1 s8 k(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
7 ]( V. n5 e* zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: k7 z+ j, q3 R, h+ G; i! I
eligible for preferential tariff treatment under a free trade agreement; or
# V. w+ `9 K; u. w: l2 i( V! B0 J(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied- Q w% C# `8 _& a8 n& }% x1 Q
because the origin, tariff classification or value for duty of the goods as claimed in the application is; ^2 h5 |; x7 m; I* @: X
incorrect.
8 F) v& R H+ n$ f- k(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
o- C Z9 e' @# u# D/ o(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
- o% W, o7 A1 ~6 q) o3 D4 x/ bother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# f0 q7 V$ Y( }$ u% x
were a re-determination under this Act of origin, tariff classification or value for duty.3 p$ C1 f4 k, R/ N- K$ G' J
" J! M( s2 U/ t$ m. `, X1 _这到底是说可以还是不可以啊? |
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