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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
9 N% k' c9 B! C' |$ k上面说 非商业 进口 可以免关税?
- i9 c; K* z2 O0 d$ r% l8 ~+ ^' Z3 y* f2 x0 y% k; d& y2 u; [
) C* d2 a5 o( d" G# g! E6 { \& ^$ n: X( {9 ~: x
http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf2 V# |5 `* a& J4 Z( d+ ?
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Refund Requests
6 J6 U2 C& o3 t6 ? S! ~74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! t8 G. _/ ?" jpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
! _6 c& d) \" u+ z6 {& D hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
6 x# w( E M4 | F% C0 ?5 m(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
( b ^3 F: U; d* z( H2 E2 h; ]# ^Canada to the time of release;
$ p) D @* B W+ |# E; ](b) the quantity released is less than the quantity in respect of which duties were paid;
3 d# \3 e9 q* I" _: l(c) they are of a quality inferior to that in respect of which duties were paid;2 L" M5 h0 |3 E _9 B4 g: K
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
1 J9 o ^+ \: I4 o7 Htariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
1 N& M( T( }, F1 d9 ~) Tcase may be, was made in respect of those goods at the time they were accounted for under
( R1 x m2 E* g6 ]4 bsubsection 32(1), (3) or (5);2 s6 j2 u4 r$ v X, I
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
3 \+ y. e1 K0 p% H) V9 y$ ]" ^5 A; E3 v; Spreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
Y3 {8 h6 r" w* ?accounted for under subsection 32(1), (3) or (5);
T* F7 Z- j8 F. C, w(d) the calculation of duties owing was based on a clerical, typographical or similar error;2 m4 \) n! b8 D2 V& s C- K! H
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
2 e- t: x/ t9 _/ _6 K' Lof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or+ H9 M0 z$ n% }& D; X6 d
value for duty in respect of the goods and the determination has not been the subject of a decision
! o: G8 y, I4 @) Y M5 s* Runder any of sections 59 to 61;
% c! e' a3 h7 v" w(f) [not applicable to non-commercial goods];
; ^4 g3 k! F! {7 U(g) the duties were overpaid or paid in error for any reason that may be prescribed. B0 L( ]7 H$ \2 }1 ^, A
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based0 f& {2 @7 [% H$ f( P
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
" A$ F7 B( ]: q! n+ h8 W" r& X* qthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) `; N$ e6 I; A& O! C0 t7 K: G9 H(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: }1 @& {, Z! R2 Runless written notice of the claim and the reason for it is given to an officer within the prescribed time.
. d. D1 s7 W" f. c+ R; p(3) No refund shall be granted under subsection (1) in respect of a claim unless8 l. n2 X0 \7 q, Q0 [ w
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: r5 m. u/ v: X
respect of which the claim is made or otherwise verify the reason for the claim; and
4 n9 x* e* [6 S! ~- D' N" h! P6 C(b) an application for the refund, including such evidence in support of the application as may be
! v$ _3 s$ d' C+ n! r1 g F. cprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ `4 B- Q: @+ E5 t7 |8 _prescribed information within
% B' v& x* B" ^6 u5 {7 G# F/ C(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ \9 A( {6 B# ~$ x
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
! t. y# d' w4 p(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; v* I# `( | j v2 A- Qwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( o' Z+ K$ @8 j5 V Q8 [
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of& I8 H- e4 Y) T# P0 O
this Act as if it were a re-determination under paragraph 59(1)(a) if
# \8 t3 D* h* b6 p6 P; J4 W(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: b1 w) Z) ]* L& }, obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: K9 h3 F/ h; C9 R
eligible for preferential tariff treatment under a free trade agreement; or! m- K: h& Y7 n
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! H6 I! Q& j0 f" Wbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
, r* h* ]+ {3 I8 p% j7 l9 bincorrect.' h: T3 d$ ], t. k+ e" [% X! S
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
( U, ~0 l# i# y(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# q; t: ~2 l$ c! q8 a' p3 j6 H
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
# W# { g* X% J/ Y' zwere a re-determination under this Act of origin, tariff classification or value for duty.2 j8 l# V" y! q1 L
" w% k! _" ^8 n3 Z这到底是说可以还是不可以啊? |
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