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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% u7 w, P: q/ b0 P3 p( H' `5 b
上面说 非商业 进口 可以免关税?$ U# P. Z& T6 p2 Q+ D
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9 ~3 V- e' v+ J0 t: S3 B/ zhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf" Z/ b2 d G$ }2 g4 U
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Refund Requests
! \" A& l0 K) b& U0 k74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who, o* L2 g+ P' V% b
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part- q8 M0 a/ C: I
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if7 y! L1 ^( J+ t. A* Q/ i
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
5 D X+ [% K F Q2 J' V# ACanada to the time of release;" s# m5 H$ U3 h$ H5 q/ @3 z
(b) the quantity released is less than the quantity in respect of which duties were paid;
# U0 V5 S: @; A3 z(c) they are of a quality inferior to that in respect of which duties were paid;
8 L- L: O+ W u, X; ?: G) o. Y2 M(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
4 E2 h2 U$ t' s, Y- htariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
, n" w0 }: ?( I8 O1 ]) O( \case may be, was made in respect of those goods at the time they were accounted for under
0 w- r3 b& r' r' wsubsection 32(1), (3) or (5);' Y0 ?" l" J' S3 r; w4 }! E
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- a/ f4 f. v% i. s4 d(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for3 c4 E* K% ~, C8 n/ c. S
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
2 F1 n" R: f' |accounted for under subsection 32(1), (3) or (5);
' z6 z3 [" \, `" s(d) the calculation of duties owing was based on a clerical, typographical or similar error;
+ e) n. j, a- Q$ [6 q% A; W(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)4 }( X7 \ ?) {: R
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or: d4 B$ w4 M W6 I9 S5 u# m$ V8 f
value for duty in respect of the goods and the determination has not been the subject of a decision3 o Z# }+ m+ J, u
under any of sections 59 to 61;
& _; H& |+ O3 q# ^(f) [not applicable to non-commercial goods];
: T4 ~) i; z. C4 @/ D(g) the duties were overpaid or paid in error for any reason that may be prescribed.- f" R( D# d$ I4 H" S
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ b2 N5 s8 l( P9 ?7 @9 l; F3 d
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of0 W' d( j, z. q; E, a% ~2 A$ ^4 j0 L f
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).7 m: m; f$ S& k0 i; O- K
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: E9 j: j& V% }% u* K; J4 f+ Dunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
p+ j# q' B) w(3) No refund shall be granted under subsection (1) in respect of a claim unless
4 O$ d* G& u6 D% Z(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
7 G) K0 R$ G+ }2 krespect of which the claim is made or otherwise verify the reason for the claim; and
! j0 H+ u/ L1 t(b) an application for the refund, including such evidence in support of the application as may be8 K5 o# _3 C' ^4 v9 N- y( R6 Q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the3 H4 }& j- K; r9 @, Z* ^! v
prescribed information within
5 b; l9 l. Z' R9 g, Q(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
" O0 A# W$ k; t) S( M' Yor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and }/ w$ d% J/ x$ X( T
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# U" \3 g/ \* N7 @3 c; U
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
) g, e' ?' T7 d' B* p! w) o(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of. F. c$ H3 @( Y0 W/ V* r: h
this Act as if it were a re-determination under paragraph 59(1)(a) if
7 U1 L# q+ g& F+ P/ o E(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied: G2 { O- ?$ r2 o
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not. A8 ^( }: Y- g7 d
eligible for preferential tariff treatment under a free trade agreement; or
( z/ j3 L5 k0 k0 ?" ~. V7 T(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 a0 G+ e0 Q- g: o1 ?; Ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is2 d# p+ i) n5 E& e- |( K3 F
incorrect.: v) P6 `5 X5 x
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
5 M5 W* a+ w5 M0 O4 L(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% ~! e7 [0 D6 F( @6 G0 G& Bother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
1 q/ u1 [$ v% K5 r% c. `were a re-determination under this Act of origin, tariff classification or value for duty.+ e" Q+ V+ e2 w( \8 x
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这到底是说可以还是不可以啊? |
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