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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations! Y2 \# m/ E& @; z* T. t
上面说 非商业 进口 可以免关税?
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# E% S$ r: E4 h4 {http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
: L% `: x& z) Z6 o1 f74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who \* e5 \& N$ J9 a3 N d
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% n9 D) Z" T; z" B; V5 \) Q5 @of those duties, and the Minister may grant to that person a refund of all or part of those duties, if# \: _! T" w+ T0 ?: S; m2 F
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: V* l4 a* T8 d& V# K* I: k8 v
Canada to the time of release;$ ^ z0 Q! m" g/ V: S( F
(b) the quantity released is less than the quantity in respect of which duties were paid;0 f! |4 W/ g! i5 q
(c) they are of a quality inferior to that in respect of which duties were paid;, g' Q% ~: e" p3 Q
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential5 o# }7 v3 o# t
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the z" T n8 d+ Q0 r( C. {8 C
case may be, was made in respect of those goods at the time they were accounted for under6 _7 a5 e$ r7 n& P# Z
subsection 32(1), (3) or (5);& b+ m2 s% T, O o
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9 R( k# a. ]. z& W ^6 M(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for) x1 Q: s( }; R- P, B. L) r/ W, Q
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are! u- k+ Y% j& a+ L1 Y# [/ [
accounted for under subsection 32(1), (3) or (5);. Y! a" E$ J. Y8 P; o' [4 J
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 c6 _5 M3 |. a1 f6 G(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 R: m, V, ]) }$ x% y
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 d1 A1 w& X( ?: V: L& ^/ Jvalue for duty in respect of the goods and the determination has not been the subject of a decision
+ z1 J% o6 T. E# I5 I( eunder any of sections 59 to 61;# n% _; F9 r; H* U2 @; C- b% c
(f) [not applicable to non-commercial goods];
1 \2 [* I% c% q4 p, e(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 q' L4 L1 _4 n. T! x(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based, ^" j, n/ x+ l$ @" G
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of$ G- ^/ H6 p& z4 p4 P( \$ l
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 g5 A6 C1 ?, ]; m) u7 r(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim/ `$ j, Z( s3 V& h
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: t9 u" `0 x3 ^: Y0 D: R0 B4 v(3) No refund shall be granted under subsection (1) in respect of a claim unless3 d% M$ A: q6 j$ I5 `# L+ P) M
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in/ z9 J" [/ C4 @& A( X2 G
respect of which the claim is made or otherwise verify the reason for the claim; and
3 p( J6 `- Q9 W9 K) _(b) an application for the refund, including such evidence in support of the application as may be& B" l, i( ?% o2 t! i$ F7 d
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, I6 {+ m* M, P9 q: p7 Uprescribed information within
, u4 d, v0 Y, u$ X0 Z: f4 Y( K(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
; ^( |6 N% z4 q6 ^0 \+ w( `8 Ior (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
/ T1 {$ b: S& C(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
+ x+ w+ M0 H9 H+ E3 r. [" awere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ D9 C/ J& w, @+ z: {. ]
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 M. M$ @, {. ]" G! F6 |5 F
this Act as if it were a re-determination under paragraph 59(1)(a) if/ a+ p! {: T. t7 m. N0 f
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 g" [& ?/ \& m# k+ l
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: _/ |/ B4 ?/ y2 ]. qeligible for preferential tariff treatment under a free trade agreement; or+ |! C7 T1 P+ m' W+ P% V. j
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 F; k* j% q6 I2 _because the origin, tariff classification or value for duty of the goods as claimed in the application is& K- l3 w: z* x* i# O- h- X4 ]
incorrect.
/ J4 m9 J3 P% h3 I7 s! w(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 o/ M- ]& C+ ~3 ]# `
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- o) D/ w* U# L* w8 S$ O7 e" C4 K& J0 i
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
1 P0 R6 F, p4 o! q, y* ewere a re-determination under this Act of origin, tariff classification or value for duty.
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0 s1 O- A" _' Z, g这到底是说可以还是不可以啊? |
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