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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations& f/ s7 V* Q0 B* L8 x1 @. L/ l, `
上面说 非商业 进口 可以免关税?2 c# I+ U) A9 U1 Y& y& r
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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1 `" C/ c) N2 C- v1 vRefund Requests
% L0 W& H3 m( C' i, [! w74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: d& U+ d% K6 ~* f+ V2 mpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part: I# L: \' W7 B8 r$ W8 T' `. ?7 c
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
: h% h* o2 D6 D# s. H5 o(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to8 D- X. B* V. k5 J+ ]7 V
Canada to the time of release;
0 b9 D$ Z- l& I1 M(b) the quantity released is less than the quantity in respect of which duties were paid;! t, c* T8 a5 }2 J# ?- ~ B2 T
(c) they are of a quality inferior to that in respect of which duties were paid;
) [: F) g$ b! [8 T: X( L I$ M7 @(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
; A3 N+ J+ R# K5 M* |( i2 `7 |tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the5 ]& U, M! x2 Y# u/ z, b
case may be, was made in respect of those goods at the time they were accounted for under
n' z2 W6 m7 p- hsubsection 32(1), (3) or (5);9 }* Q! B. k% @6 n* \% O
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for7 [0 g _6 Q, o" @: Y' R& q
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are$ {# B5 p7 f2 m7 I9 r# L* F* R1 W
accounted for under subsection 32(1), (3) or (5);' A$ n- m& R2 j) i
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
0 l$ J ^: j; B. j(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
( ]3 F/ c; ^7 s6 Q. _' iof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
5 _6 H5 l/ y0 avalue for duty in respect of the goods and the determination has not been the subject of a decision
' d. R& P2 e: T6 Aunder any of sections 59 to 61;
t& ^& S- Z5 Z. R% w(f) [not applicable to non-commercial goods];
, R6 N4 y- z" p+ l7 M- @8 I0 ^(g) the duties were overpaid or paid in error for any reason that may be prescribed.
. _5 S6 F* {6 C4 P(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 }" p2 A3 T& S: con tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
4 w3 m. t. b: t' |this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
7 X( m, c6 c% R. K0 M5 X F(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
6 Z, \ }+ F' B! Aunless written notice of the claim and the reason for it is given to an officer within the prescribed time./ y; v* k- m* L! a/ [/ l! }
(3) No refund shall be granted under subsection (1) in respect of a claim unless( C# t5 H p) [, V( i2 a+ P( ~
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ Q5 G1 f8 f2 ?# hrespect of which the claim is made or otherwise verify the reason for the claim; and
7 Z( E' C, z% k; C/ k(b) an application for the refund, including such evidence in support of the application as may be
) G E# ~1 w$ u [prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& Y( Z. R3 _/ b; |) _% F% s
prescribed information within
* V' t+ F }! G. x(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)! Y, W; X# Z/ i, _
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and# N7 P S, m. A; Q
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
" e7 n, R ^& L5 k+ ]% s- l; x( C3 p+ F8 gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
2 r# N' w% N5 O, ^7 M8 p(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 [3 G; a! T1 \# X3 [. pthis Act as if it were a re-determination under paragraph 59(1)(a) if4 O2 {2 Q3 ]' u" p+ M. H
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied& a; W! e1 a- ]- _$ o8 b* {
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
' w! @6 M+ d5 u4 P0 ]2 ieligible for preferential tariff treatment under a free trade agreement; or1 x) D( z6 b( Y# {
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied* | `$ w6 w8 f k
because the origin, tariff classification or value for duty of the goods as claimed in the application is
2 L {( F, W" b Fincorrect.
. Q& H, l, [ n# ]- Z2 z( m3 N0 ^0 O(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
$ Q x; N' X- j9 y# a4 k; c0 G/ B(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground) O8 p) y0 Z) {
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) a' W# w3 s7 O$ B. c9 H3 z
were a re-determination under this Act of origin, tariff classification or value for duty.# c( w7 h$ v4 v, |: [
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这到底是说可以还是不可以啊? |
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