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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations) S3 T$ T1 _3 P) p
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, C* C; |/ M* b; G6 i
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Refund Requests
|9 @& p2 ?' k% s: j- C3 V; h74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who: R' b( b- M2 B% u
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ t$ k0 a; W3 n
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. N% [9 C& l3 p(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to8 U: D7 I$ N' T D1 q- E
Canada to the time of release;
* t9 b( g1 E+ Z7 }(b) the quantity released is less than the quantity in respect of which duties were paid;
' v, K# v1 P, O0 t(c) they are of a quality inferior to that in respect of which duties were paid;0 e: I6 L- g$ J$ y: G4 J
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, a% ?+ ]/ d+ w# v7 Y: g8 Dtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the! w& @' }3 {4 k; s
case may be, was made in respect of those goods at the time they were accounted for under+ ?: L! {8 x( U, k0 n
subsection 32(1), (3) or (5);
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- @" }$ a1 @2 V1 q( A1 |, R(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for3 ^: P) t' R, ^3 J& O
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
# J2 k; {5 |9 r8 Paccounted for under subsection 32(1), (3) or (5);3 A( e8 `+ y2 J! A9 |+ w6 W8 g
(d) the calculation of duties owing was based on a clerical, typographical or similar error;- l# s/ _' c! J4 q# V
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' d$ N0 S4 D7 t& a: x$ V) }of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
) o3 X7 R9 J' c3 S- u. Yvalue for duty in respect of the goods and the determination has not been the subject of a decision- I) _0 W/ U$ _& i5 H
under any of sections 59 to 61;
8 p$ H# R3 m0 O N' r) I4 m" L(f) [not applicable to non-commercial goods];; [# D' y3 s9 \& a9 g; n! V
(g) the duties were overpaid or paid in error for any reason that may be prescribed.! ?1 d. p4 C2 `% Z
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" I: w1 q+ t" ]7 G: G. I
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
^1 L3 c) G8 K2 l \this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).- A" v$ j' ?0 v' ~. H
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; v }9 q! X1 a9 D: m- ~* I# u
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.! x& t$ H8 v" R9 A* e0 o
(3) No refund shall be granted under subsection (1) in respect of a claim unless
' H! _2 m$ e2 R' ~) V# H9 {! p(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 D( g& @. n8 q7 R
respect of which the claim is made or otherwise verify the reason for the claim; and
" C: s5 V! m' q$ n7 [(b) an application for the refund, including such evidence in support of the application as may be" p( r3 D7 R6 r* d0 k& r. \ D- D
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the* u' z+ L# Q& ^- ?
prescribed information within
8 }8 r2 H5 [% e ^. ^& W(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
2 d; l3 U" M* s4 n# R, @, Dor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
# n2 g" J, @7 r# F(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
5 F: M; X- K; p3 `were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( b% [$ s: b" r: F: `/ i `8 Z
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
1 x" H+ ~( b( L5 ?+ y2 rthis Act as if it were a re-determination under paragraph 59(1)(a) if$ v) l5 [6 d9 C
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 U7 J9 |; W4 O' g, abecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
$ s8 l) Q6 t! Q: v' Jeligible for preferential tariff treatment under a free trade agreement; or! j. ]. K1 {: w; L; N
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
6 M8 ]3 I& b! a( _4 \8 sbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
0 |8 ]+ X9 C |" K" {( e( y) aincorrect.
6 @9 X' D* V6 J1 `: n/ f(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ h, i% {" D( Y
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground. \! _3 |8 T$ @% Y9 y; H) b
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
) y4 ~7 ^# _" vwere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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