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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations0 Y) z* r! L3 B2 H q1 b
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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; q2 i9 A5 { T9 B: ERefund Requests
$ S$ a. l! w6 ^/ c* U! p74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
9 S* ^" T$ v' upaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part6 ^0 b3 p e: S5 C. i8 m
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if: P4 t7 O9 Y0 C3 g/ v
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
5 |' _, }$ ]9 t: o9 h4 J d; sCanada to the time of release;! e6 c3 }! P6 a5 |' W% s
(b) the quantity released is less than the quantity in respect of which duties were paid;
/ e9 w6 f. J) w" c(c) they are of a quality inferior to that in respect of which duties were paid;
/ V5 W9 j$ p7 ` Y$ Z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential9 k- @. }# ?+ u4 ?2 k& q. r3 l
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 T' @0 k) J/ e% M
case may be, was made in respect of those goods at the time they were accounted for under% W/ y- _, k/ a4 v
subsection 32(1), (3) or (5);6 j0 k* t$ D# A5 w
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for! J, j2 r1 s. U
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
" k# z7 v5 g% e5 U5 b' m# U4 `( Maccounted for under subsection 32(1), (3) or (5);9 c6 @( c; ?6 d3 W8 p1 `( ^
(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 v5 g6 v. ?# _/ K8 Y) e
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 \ R5 v2 h4 w7 V" W
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 U2 n' K7 R7 r4 Dvalue for duty in respect of the goods and the determination has not been the subject of a decision' ?* d: `; V( j
under any of sections 59 to 61;! S# x" Y/ v0 p
(f) [not applicable to non-commercial goods];
' L: n, _" k0 G& h5 L9 A* n1 B" M w(g) the duties were overpaid or paid in error for any reason that may be prescribed.
4 P( Z i1 V6 D! _0 o ~" i7 E(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
$ p; U1 S& @6 q1 x. R' z3 Xon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! Y3 L9 P5 q# j. e; q% g
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
# ]0 [& Z, G- Z3 C' G) o(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
, G7 I. j' v6 W1 aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.0 P) z/ R4 e4 j* m. \/ A8 n% \* C
(3) No refund shall be granted under subsection (1) in respect of a claim unless% E- G& B9 [% F6 c
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
; h+ w( y% U. E( e( i+ B9 grespect of which the claim is made or otherwise verify the reason for the claim; and4 l/ d5 X' v5 F% R2 s; w
(b) an application for the refund, including such evidence in support of the application as may be) j3 t8 r/ @ s/ q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the$ K7 c% c2 x/ X) f( b2 _" ?2 q
prescribed information within
1 T/ F1 ]2 u, Q% l1 k2 s8 m- n(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* q$ e7 k+ h6 H3 j+ ], r
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ k: A8 z- P2 q9 O% x/ J- t- r5 `8 d
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
5 ?! k9 N- Y8 M9 G: @) Hwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 Z0 L0 x8 A: b(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; v0 a% a& a& f; Z: Jthis Act as if it were a re-determination under paragraph 59(1)(a) if
+ G2 e( w+ ~& i1 Y5 A(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
/ a. B6 L! a5 P) ?( V. sbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
5 {/ a" U5 H& w* beligible for preferential tariff treatment under a free trade agreement; or
* X% X, ~ e( }7 f& I% F0 [(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 B/ R) B( z3 a6 `. xbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
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(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),4 R" t' A8 b" J0 l% J$ z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground; n5 f, ]$ g7 y
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" C; z, d0 ]+ P( j! `
were a re-determination under this Act of origin, tariff classification or value for duty.; `7 W) R- ^4 A2 P% N
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这到底是说可以还是不可以啊? |
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