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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations4 Q9 c/ ^9 \ g1 G2 d8 s2 G2 X
上面说 非商业 进口 可以免关税?
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- L1 c$ `" w7 e; Mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
) H4 B' B z, }3 t7 _1 r74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
( W# s# |9 Q5 H* j5 h# Gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' G9 O4 [5 p; \
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if/ f8 Q7 B7 G3 R. D( Y
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, G. W0 P% F2 V# _5 \
Canada to the time of release;% {+ `/ E) p- [5 {: v: G2 J+ X
(b) the quantity released is less than the quantity in respect of which duties were paid;4 M1 E3 k V) Q$ c! R
(c) they are of a quality inferior to that in respect of which duties were paid;. o1 x) @8 @3 y% H6 I. V
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% A) @$ T# W, P* m' ]% i8 z3 X; q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 c$ V2 q% P' K
case may be, was made in respect of those goods at the time they were accounted for under
) ?+ |2 o; J0 R! tsubsection 32(1), (3) or (5);& d, i( @* |" D. |# i
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
9 f+ f$ x8 I$ y7 K# q/ e* wpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
8 ?' @+ ?0 Q9 ]) vaccounted for under subsection 32(1), (3) or (5);% z' y0 I' F0 Y& b1 T3 z# t
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
" e0 S, L" n% z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)' a9 y- g7 }& L8 k3 U% g
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. k: z/ N8 \) A+ m
value for duty in respect of the goods and the determination has not been the subject of a decision* r& T- E! e; \: w
under any of sections 59 to 61;
( B$ K9 s- r9 }: R4 [" |# d3 } \(f) [not applicable to non-commercial goods];! m; _$ A, i1 O$ |# Y* o2 `+ _
(g) the duties were overpaid or paid in error for any reason that may be prescribed.2 p- h3 W$ [( B+ ^; m& k) V3 W
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based( S5 S" k1 ^. M3 \' g% J9 L
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 a- J8 w6 Q9 V7 p# _( T& t1 {7 _this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
, o( T. T; I( N$ u' G# @8 N( f! p(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
6 g2 h( z, ~ O t* runless written notice of the claim and the reason for it is given to an officer within the prescribed time.: }3 ?5 Y `" X; T
(3) No refund shall be granted under subsection (1) in respect of a claim unless: L, ~, i; C* D: A0 y: W
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
9 |% @; v" M+ M; i% Krespect of which the claim is made or otherwise verify the reason for the claim; and. b& H& b$ K2 J4 u+ g& z7 O
(b) an application for the refund, including such evidence in support of the application as may be
$ v4 C* d/ U2 Q$ D8 }prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ ~1 H5 a3 J4 iprescribed information within4 C5 H! a( G2 M) _1 \3 P g
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
0 K9 Y& D# R. F$ ]. o* n+ J# X a, eor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
! J3 c3 g& [* \5 C, a j(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods6 T: f) C* V# O& n) Y7 F, n
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
: i a8 f9 T+ v% q7 c(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: D/ S( C7 t' ]& L9 @! T/ s6 pthis Act as if it were a re-determination under paragraph 59(1)(a) if
1 t, ~7 H- \: n9 ]6 Y, b; Q7 |% k(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( D" t3 [6 q' Wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
5 c/ }% t# @. }/ |0 B' k/ w0 ~eligible for preferential tariff treatment under a free trade agreement; or
, }. g' N% x" N2 O( K(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
) N( s5 L% @/ Q2 ^9 y: Ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is
2 K5 p a8 G( L" K; @( pincorrect.
L9 J0 o/ b! p, E7 J5 v& Q3 V2 y6 F(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 |$ W. z3 Z ~1 p5 [* s# o(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
; F, ~0 p6 w$ b+ X, N6 Tother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it ~, l' s4 U+ f2 W' ^/ O
were a re-determination under this Act of origin, tariff classification or value for duty.# q4 Z% ]1 A9 h/ u4 i" u
: d$ p4 r7 Q8 o& u& p这到底是说可以还是不可以啊? |
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