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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
5 Y; i M3 L! g. _" e0 c; Y; g _8 w9 m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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9 h5 L$ p5 ~7 l! x) q5 IRefund Requests
7 o* A" D, j0 I3 I. `' U74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 u% W1 Q3 v. W, N; h# N( [
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" Q6 J- i) E5 Z" r1 ^of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
; U& k2 [8 j9 P(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 }. C1 \- u; QCanada to the time of release;
3 A3 |: { {0 W! Q$ P6 P(b) the quantity released is less than the quantity in respect of which duties were paid;6 @# ~: i* f0 i2 n
(c) they are of a quality inferior to that in respect of which duties were paid;4 r8 h4 @/ x9 M7 R- G! a
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# h2 N" @) W3 ]1 X1 k; s7 C
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: Z* w+ I2 f; g: d) S t+ Gcase may be, was made in respect of those goods at the time they were accounted for under
8 H" ~- L* r7 k& d, b1 U+ B, dsubsection 32(1), (3) or (5);- E4 U0 |; j* p+ R# Q' n9 o
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' J: J1 p5 t4 `8 q+ {( G0 |
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are+ z# I. e# F X) R" q* d& f$ S
accounted for under subsection 32(1), (3) or (5);6 g) \* H- ^) F' M4 q% |5 D
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 b/ j: L9 K* [; g5 s0 D(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
* u9 U3 l% m- q4 g# S$ cof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
& ? ]3 x+ C$ Z1 d. w3 a0 B7 cvalue for duty in respect of the goods and the determination has not been the subject of a decision
% T( M, ? o0 I- k- G- S3 Xunder any of sections 59 to 61;2 j( G; p- \0 F( y2 Q
(f) [not applicable to non-commercial goods];
) j8 ~' `. j9 a2 k1 c(g) the duties were overpaid or paid in error for any reason that may be prescribed.5 W' A" w3 M# I6 L# u+ _
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 Q$ k( E5 i3 `5 b* X' @# T, `) D
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of0 J x1 H/ R/ h$ t- t
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).- C/ ?. C, |7 j A v1 P6 a
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim5 |, W) `! G# [2 s& F' T0 D
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.( t4 J5 Y c9 i O- A
(3) No refund shall be granted under subsection (1) in respect of a claim unless
) u4 T) x5 p7 E- }3 G(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
' n% P3 D0 e) \respect of which the claim is made or otherwise verify the reason for the claim; and
* R+ n( g- o/ t& P/ V(b) an application for the refund, including such evidence in support of the application as may be
$ u }# Z8 L: sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% k1 l: [6 @6 B$ x" C0 E$ {" ?) N
prescribed information within2 f# N5 X7 \. i/ ~0 v' W# k5 B$ L6 w
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
v' A+ }9 h; ]/ s4 s# p9 |or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and! W' l: s1 E) B I7 N
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
3 M! E4 }* \' A( wwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
% ~ N, P; I- B& p, r(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; z, Z. w# Z) n+ x. K( lthis Act as if it were a re-determination under paragraph 59(1)(a) if. l3 K3 _6 h1 g# D# ^
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
" [! U" V+ V7 U8 B- kbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not" p5 |7 |$ ~8 f( P. P* |3 L
eligible for preferential tariff treatment under a free trade agreement; or
0 A+ w7 i/ Q8 }; k(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; }8 f2 E* [9 ^: d7 G) w) W
because the origin, tariff classification or value for duty of the goods as claimed in the application is
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4 W0 l, _% q; |6 R(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! |( i% Z* [1 y& n) d4 ^* e
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 {& j. F: c( w vother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
. W' u: |6 m: `: gwere 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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