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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations- D9 s% L# }8 w5 W0 C
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
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; U! b) {5 y( q1 y9 [Refund Requests
* P! F6 @; s: h) u. q& Q& F74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
9 X# @( V- ~5 p. Y! w7 @paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part$ h: V. {1 P" z$ X9 [8 u9 z
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" s# E8 l* [) q1 q1 Z# b5 R(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ P/ ^; F9 }) M+ y6 qCanada to the time of release;
; R5 I- W4 N b7 z(b) the quantity released is less than the quantity in respect of which duties were paid;# ?9 ?2 n9 C8 `& c* W5 @1 ]: G5 h
(c) they are of a quality inferior to that in respect of which duties were paid;
5 ~0 Z H: u/ U3 L/ i6 T) J(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential8 Y2 w4 L% v( s- }
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( }$ b+ k) G" e/ B8 A! x) ~$ [case may be, was made in respect of those goods at the time they were accounted for under( ^# O$ o$ t* [( E' O
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 for" Z) C. r, {& O0 v
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are1 `0 I" r9 a' f7 b% C9 B" Y
accounted for under subsection 32(1), (3) or (5);
' {! i, e! q; i9 {* {) F; V(d) the calculation of duties owing was based on a clerical, typographical or similar error;+ A( L% d( t/ O; @: f2 v0 \
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ f+ y: N1 r9 f% i! y) sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 t" l# \+ \* f2 O% Z( Nvalue for duty in respect of the goods and the determination has not been the subject of a decision3 O! u$ }) N+ \" ~% z: \6 U
under any of sections 59 to 61;
8 F" u3 O" W5 W! G9 u(f) [not applicable to non-commercial goods];
% e0 I: s' p" k* s2 N(g) the duties were overpaid or paid in error for any reason that may be prescribed.% i: B+ Z7 M4 e2 [2 d* g. `' X
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based. T' t# Q* _ K: z
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of0 w# E: ]8 J7 e# h& Q* x9 C
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) |, j# V' D/ q, a7 ]" W/ i(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim i; ?) r# g& t( ^. h. o$ U
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 N! D7 `( S) [) c! q3 v, C3 P
(3) No refund shall be granted under subsection (1) in respect of a claim unless
# P3 B9 D2 G$ A2 C(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; i$ V8 {) C. |& ?) `5 m
respect of which the claim is made or otherwise verify the reason for the claim; and8 V" l( h+ i3 o; G% J9 u7 F
(b) an application for the refund, including such evidence in support of the application as may be
2 y! Y# s) f9 d, i+ F% b9 gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
% V6 _2 L8 s* E ]8 I* A2 |3 A1 Wprescribed information within3 y, T" ~* p! s3 N
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ R# m0 i2 [3 h1 x. Aor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
# |1 [) O% P: K; L$ s(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
+ A2 |1 e0 p" Xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 j1 k3 D, o$ z; i
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
4 m* A1 T' C& h8 Sthis Act as if it were a re-determination under paragraph 59(1)(a) if
, j. s7 z3 Z! W(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied7 G3 ]0 R* [1 h$ \
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: O# d- K, ?9 j9 U& M! |, i$ oeligible for preferential tariff treatment under a free trade agreement; or
" z0 u8 U( f+ X2 N0 }) V0 C) T(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
; N. C* F5 w/ \9 V' K8 e9 A g( ubecause the origin, tariff classification or value for duty of the goods as claimed in the application is7 @ k. [5 C6 H1 E5 m) D
incorrect.
: q: ?5 F; m9 A; h(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) V' Q* q5 o0 _3 W9 D(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
- x, T I) ], a7 X9 \/ Uother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
* T/ [4 U" y4 x: i1 q' Twere a re-determination under this Act of origin, tariff classification or value for duty.
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- u% n* P! w2 g$ |7 {4 m+ ?* Y i4 N这到底是说可以还是不可以啊? |
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