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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
) S. ~) d, b0 L5 d7 H( U7 t上面说 非商业 进口 可以免关税?
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T& `" V6 u$ N( N: lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf# v' l( K& s4 Z& Q8 |3 t
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' @, t m6 y0 H( W) I1 ARefund Requests; W+ Y; C' O, q& k: U
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: X1 j: _1 ?; h k) @. G: P3 E. cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
+ H" d% u* T5 B+ dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
9 o, h0 n2 _# E2 c$ ]0 l(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
* J5 P# V$ h" L, }+ b# ~; ` t/ r8 tCanada to the time of release;7 F9 h! h2 h& z# ?! A- E
(b) the quantity released is less than the quantity in respect of which duties were paid;1 M1 U2 T6 C5 B2 `
(c) they are of a quality inferior to that in respect of which duties were paid;& R4 O, u+ g! F
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
# H: H! k* u' r. X7 }tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the7 q8 j! w+ W; a5 m1 m
case may be, was made in respect of those goods at the time they were accounted for under, a: C/ o, n% e% i' k+ K Y
subsection 32(1), (3) or (5);: H, P1 N6 o8 _; z, M6 H
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0 r" Z6 y/ _3 u: X(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 F& h- g, b- S9 U3 O! apreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ h9 U! @ k" Y1 oaccounted for under subsection 32(1), (3) or (5);* H# z. o- Z, v# f7 h" z, j
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
& [1 d3 s) e0 C) D4 O+ i. t j. R: s(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)5 J Y9 b( {% w; N1 f5 r% |
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
* O: @* w# N4 K1 l& \value for duty in respect of the goods and the determination has not been the subject of a decision7 R% I5 `, v1 ^, J3 s2 w4 o% i
under any of sections 59 to 61;8 R' V6 i) @! b6 |
(f) [not applicable to non-commercial goods];5 u0 a7 p6 C4 v! @
(g) the duties were overpaid or paid in error for any reason that may be prescribed.! M4 |' L) I4 `$ }* a% t. j
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 i) s& Y ~- Oon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
7 k+ ~6 V I. N6 I8 Ithis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! T j- C6 ~$ ~4 ~(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 x) U' |( g+ H1 m
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
/ Z. G) l' V& i9 _3 q/ e# J(3) No refund shall be granted under subsection (1) in respect of a claim unless' L3 S J6 g8 m2 [' ~
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in" ]$ ]2 r2 I* |7 r, e Q1 w. t+ B4 E F
respect of which the claim is made or otherwise verify the reason for the claim; and, C) h/ Y$ g" R. Q9 l4 V0 x
(b) an application for the refund, including such evidence in support of the application as may be
( o& h* R+ b, L' W$ p& `* y3 G. mprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% s! @* y; G$ j+ S; ~1 l
prescribed information within0 n9 @2 Y7 v& P) I
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
6 u3 O3 {* V- g. aor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' `1 ], T3 l* g: R% O* M. c(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods$ {0 j( V0 l4 O9 b* o
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
: j0 D! m5 C' Z" f3 {0 a1 \' {7 l' U(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of- W. _3 d/ J3 x `
this Act as if it were a re-determination under paragraph 59(1)(a) if
- t" s& E6 p. a# G' K7 |4 E(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied6 h& z" H0 u1 s( F
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 q& R( _' F. y% m4 c' K$ y! feligible for preferential tariff treatment under a free trade agreement; or
3 F y4 U$ s/ ]2 Q3 Q! h" E' `* R(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
+ Q7 ?& Y1 c* v4 l& Y$ b9 ibecause the origin, tariff classification or value for duty of the goods as claimed in the application is
. E' c1 T4 O2 n k* Pincorrect.# K- ^4 C% b0 u4 T, P
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; P+ [, V; u0 H- A D7 _
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: s& @( P1 a9 ~( z$ R" }
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it& P. T6 S: K4 ~- [
were a re-determination under this Act of origin, tariff classification or value for duty.: h Y; e6 }7 V0 |7 t6 Z5 m" K
8 a0 J# c- x& m1 B这到底是说可以还是不可以啊? |
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