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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
0 ^9 V0 S* Q$ `0 z/ y& ?8 E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.pdf
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Refund Requests D* {: e8 W c3 r
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who1 b7 x+ l1 Y0 S8 N* ^6 S
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
0 _, n; r& K2 S5 O& \7 {of those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 x) `4 {! r4 H7 k t# r8 R I- R4 \! e
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to- q* }0 ]9 B$ Z) ?/ Z
Canada to the time of release;
( _0 e: d$ N0 B4 w, i(b) the quantity released is less than the quantity in respect of which duties were paid;1 q9 t. ?0 Z$ x6 D% g4 Y x: }, ^
(c) they are of a quality inferior to that in respect of which duties were paid;+ X, F% r. N+ e X. G9 w) C" w
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential/ ^2 H4 d' U) d2 S$ {; h& s
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the+ U; ~5 r8 b+ N/ `3 U& j+ i! ^3 R
case may be, was made in respect of those goods at the time they were accounted for under: A4 X6 G( [, d5 P- f$ { D
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for4 J }6 b& }3 ^ j" _
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) _7 ]; M, {6 v* A0 Gaccounted for under subsection 32(1), (3) or (5);
0 `' N0 w% e1 U8 b4 r(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- W0 A f9 v2 k$ F& ~$ h(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% I0 F B0 Y: ]# }of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! I% Y5 w6 L- C2 Z( Tvalue for duty in respect of the goods and the determination has not been the subject of a decision: J9 y, R' }4 c8 E1 R8 K* _! G; p
under any of sections 59 to 61;
7 i j; _. u- C(f) [not applicable to non-commercial goods];
) k0 ?, m5 x; _8 l a ](g) the duties were overpaid or paid in error for any reason that may be prescribed.
" T- H" q+ B4 n B0 i/ b" S(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 U1 q0 p' R! q" O$ F9 o) Z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) S2 g' v1 V( t3 h; q! Q. R5 C
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
' H. A8 U% ~$ E5 C: U(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; K* _2 |* E6 B% n3 _' qunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
! e. X; b1 Q7 K3 U(3) No refund shall be granted under subsection (1) in respect of a claim unless0 r2 W( }) _6 @/ i- ~) s
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in- {# S9 c0 N" Y! R2 _7 u
respect of which the claim is made or otherwise verify the reason for the claim; and9 I, `9 p, ]3 B
(b) an application for the refund, including such evidence in support of the application as may be
% T) `) y& V6 `prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 u- e0 w6 W0 c) A) r0 `/ qprescribed information within: s5 D: Z) M: t5 z1 Z) [" m
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
- A# d9 o! o4 W8 x% k9 b3 ior (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and4 t! P5 T O8 K& `
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods( D/ w/ p+ C) ?4 P3 I% g8 [
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.% K9 l. T! U" ]+ T( U' E
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
# F+ p3 ~, `" s2 K- G! |this Act as if it were a re-determination under paragraph 59(1)(a) if
4 @/ _8 c6 y; w(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
h/ |4 e- C& [+ @' ~" J& fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* a! L( P3 i/ z2 p" J( L: Y
eligible for preferential tariff treatment under a free trade agreement; or
3 C, O+ L! m% K$ |* z(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 T( G0 r. q ~7 Fbecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 P6 {2 ^0 R8 i, u) ]1 f
incorrect.
! s5 m& T0 |! d0 A g2 C(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 T& P2 ?( w0 B# P5 p$ b/ D ]8 \
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground3 S9 U, u+ Z8 Q! S: j+ q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
9 R/ N8 T) u4 v* d8 u! \6 U2 Y8 |( xwere a re-determination under this Act of origin, tariff classification or value for duty., P f- n' s7 `- |% S$ {
& L/ ]. S" I! t) P+ W, R3 R这到底是说可以还是不可以啊? |
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