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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations9 ]/ l% r2 `3 q
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- w+ {- ~& D* T2 ^6 k& _
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; [* ?7 p" }& h* A4 ~: y wRefund Requests
+ l# S1 u- p+ i. n74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
, }! l% B e$ @7 O: x. ^% A4 u+ v- Epaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part7 ^7 w2 Q8 W% j0 P7 |# q0 Y5 r
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
6 i! n) N8 S, U(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 N& h/ k$ ^5 X4 W
Canada to the time of release;9 Z, z3 `/ y% d& S1 q; C
(b) the quantity released is less than the quantity in respect of which duties were paid;
6 x3 w/ V0 d% ^+ B, Q2 p! F, R(c) they are of a quality inferior to that in respect of which duties were paid;. \, {# E) K( @1 s* T
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. I" b. i$ w- L7 g. u& n9 Wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the. p8 m0 y3 L0 C
case may be, was made in respect of those goods at the time they were accounted for under% p7 I, ~& G& L$ `# W
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 for3 l/ _9 Y" L, S p) P/ @
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
$ {) A. K9 z m d& }accounted for under subsection 32(1), (3) or (5);
! E, z. h6 T, y) T+ W& F(d) the calculation of duties owing was based on a clerical, typographical or similar error;% U2 h) s9 Y/ Q. W; a) R
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
, u5 X+ G7 X$ n$ }% bof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
5 f d0 D3 ~9 u( M6 M/ Hvalue for duty in respect of the goods and the determination has not been the subject of a decision
0 ^- W1 V' j6 c0 tunder any of sections 59 to 61;0 T8 |4 d( Y6 P3 u0 D+ M& v* Q
(f) [not applicable to non-commercial goods];* W. z1 ?8 g ?: E- l" Z9 g S
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
3 Y& s O) B2 g# S7 Q(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based1 y, I+ Y4 c5 Y) P& [" X
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
. K9 T0 p; H4 E' ]% u; ^this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).5 A. O: ~8 H' j. f7 q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
, G9 S3 b# C. o, n$ X, `unless written notice of the claim and the reason for it is given to an officer within the prescribed time. h2 l- `" k1 |, }& a8 _
(3) No refund shall be granted under subsection (1) in respect of a claim unless- e- E! U2 I* D. z# w
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in) M6 g$ e9 b3 Q+ C+ D, M: \" m
respect of which the claim is made or otherwise verify the reason for the claim; and
" K0 h$ K7 I, E% Z(b) an application for the refund, including such evidence in support of the application as may be0 |4 G3 k. K, |1 }; [
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
/ V0 E7 T% e9 l _: Iprescribed information within/ O5 u# T" S: r) o2 ]: Y
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)9 g% Z1 _# d' O
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' V+ j2 o- g4 _5 e/ x Y(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 }$ ?8 [' x/ awere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
6 g" n0 R/ y( h(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
' l- V6 y/ O% C, A4 k9 M4 vthis Act as if it were a re-determination under paragraph 59(1)(a) if
0 E3 [ W0 c O# k(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
, R+ X! t S' d/ |4 {! tbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; H0 A2 n7 b+ D9 \* k l
eligible for preferential tariff treatment under a free trade agreement; or+ q& b5 G3 O4 E4 V! O. ^; r! ?
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
. T1 b4 X. O8 b. p* }* Ibecause the origin, tariff classification or value for duty of the goods as claimed in the application is4 c9 ] `3 @0 ~+ t
incorrect.
! J5 g8 k, o* ^2 K3 _( r9 ~(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 f" B# f9 c3 w(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 s3 k" a& K R7 |9 g- K
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
2 K# S; U' g1 z ?) i) Fwere a re-determination under this Act of origin, tariff classification or value for duty. {+ u9 g7 G7 e6 S1 W; e% B8 `
; l& x1 ^" v% I5 E6 C这到底是说可以还是不可以啊? |
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