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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
& S: P9 Q3 u! K i, D( z上面说 非商业 进口 可以免关税?% v+ W, m6 [/ m C0 s
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/ \6 l A6 L! m' B; @' Thttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests5 Q% R8 d1 e. ~. E2 o" |
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
( I4 u5 a) o+ B3 n* W0 Lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part9 Y4 P C4 O1 t/ T A; z
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if( h# X- ] C) F. M
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
0 m0 L" I; h+ {7 m0 {" yCanada to the time of release;8 A9 P: o. k: b( ?$ Y
(b) the quantity released is less than the quantity in respect of which duties were paid;
3 q9 P3 n( T. A(c) they are of a quality inferior to that in respect of which duties were paid;
/ r% @# J" I3 H(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
$ k* i2 Q: _2 {. o) }tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( t4 p8 c" I4 [+ F9 m$ @
case may be, was made in respect of those goods at the time they were accounted for under
( G/ h4 |( s4 I5 }0 o) ?9 psubsection 32(1), (3) or (5);* U$ a" T9 C- i
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for8 C7 [( z* ?& J- r
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are+ M u' d3 q, `1 ]3 ^
accounted for under subsection 32(1), (3) or (5);- G9 P) G! P) l% P; u, D
(d) the calculation of duties owing was based on a clerical, typographical or similar error; N: u7 o* p. E5 Z
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)+ g8 R/ U1 o1 t# {1 X1 D' r
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 d3 U# q3 g; Hvalue for duty in respect of the goods and the determination has not been the subject of a decision4 J2 y% ?' I( u6 x8 Y- [& }& x, D
under any of sections 59 to 61;
: T, k* P3 t! }+ O! p$ n+ J/ [(f) [not applicable to non-commercial goods];/ a: G& W6 v' {! ~/ |0 `
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( {; l1 E( j6 X* [0 I9 W) q3 k6 l(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based3 F2 o0 F# {8 H* k* y! `+ m+ D
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" `8 C W+ x! X6 ?
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
6 v& h9 p7 V& x% s* r+ `* d(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
2 g# k) |+ L4 Y, Cunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' o+ f( r* |) b9 f+ F) \4 l9 i(3) No refund shall be granted under subsection (1) in respect of a claim unless
+ R4 F) b! U' |, Q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 ^ W: t% ?* X
respect of which the claim is made or otherwise verify the reason for the claim; and/ q/ L7 e2 O, W
(b) an application for the refund, including such evidence in support of the application as may be
, D8 E8 U# M( u+ Nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the" c5 U- y& [9 V7 I$ f. ^8 @$ j
prescribed information within
5 E8 q9 A0 G9 y1 t& b' M5 E(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
+ {& G7 |' D- N8 V2 tor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and! }8 l+ j5 u. Y) S7 P0 r. a% s
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
# R/ i# ]2 r5 `3 M" O3 T8 H" y% B* [were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 V+ f: j. X& D" ^% O
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ S6 L; B. i* y8 U; ~this Act as if it were a re-determination under paragraph 59(1)(a) if
2 O; I a7 j. i! v) y(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
) J; h; B7 j* p5 Cbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
j2 Y8 @8 p) f7 x$ X9 r+ ]eligible for preferential tariff treatment under a free trade agreement; or/ h+ E9 @; L- p1 ?. q
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
* [0 ~6 Y4 ~3 Z! j- E1 ?4 P1 ibecause the origin, tariff classification or value for duty of the goods as claimed in the application is
1 f4 m. t2 ^2 T$ Z) w# y2 v) A) K8 Sincorrect./ n) z9 i& u' M( C' L0 S( z/ W
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ |! R. }- `6 [0 p* P
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground, v! u+ n; r0 H, b! s
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it3 ?: _- ~4 e0 B- y, O
were a re-determination under this Act of origin, tariff classification or value for duty.& ^' {' `, K/ \6 A+ m# F7 l
" p# G, k0 w0 A) X4 S8 }; _这到底是说可以还是不可以啊? |
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