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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations( w6 b% { m% ^& U9 @. B
上面说 非商业 进口 可以免关税?9 m% V- b' Z- _! c
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests, y! p8 L: b6 B6 @; G; g: {( O
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
& U) U3 u" O- l" Y/ M$ ^; a, `1 p6 epaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
+ Q1 e/ f1 K% N' G' Hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if. k! k5 m) ?) c _% S( U
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
( @9 e) I" G: F. |2 v) ~! jCanada to the time of release;* a) b& K2 F3 |, L
(b) the quantity released is less than the quantity in respect of which duties were paid;# L) [2 u5 i3 ^$ V* q3 S
(c) they are of a quality inferior to that in respect of which duties were paid;" `+ G8 U* i$ Y2 |7 U y; X+ o+ \$ Y
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential. H8 A% Z% ]6 R; u2 a4 t7 ]
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; l- O; A: c e! T# e, N8 y
case may be, was made in respect of those goods at the time they were accounted for under
! G. }% w; i6 ]3 I4 s9 Ksubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
* a# N, F3 {7 v& X7 ^preferential tariff treatment under CIFTA was made in respect of those goods at the time they are# s) H$ D( Y; g! J5 U. f: |
accounted for under subsection 32(1), (3) or (5);
3 H! z. Y2 M; g: W(d) the calculation of duties owing was based on a clerical, typographical or similar error;
! ~7 r% _ k0 H7 \ S6 P1 e k( d(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)5 z& W7 c# t, C8 R: z
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 n {3 U+ R+ o q
value for duty in respect of the goods and the determination has not been the subject of a decision8 Z! [4 b! ?. {! s$ ]
under any of sections 59 to 61;& c1 w% {4 }/ Z$ w2 y/ z' O4 j: H$ B( A
(f) [not applicable to non-commercial goods];
' Q2 A5 }# I! `8 g(g) the duties were overpaid or paid in error for any reason that may be prescribed.
$ l) u4 e) T) t0 R0 M6 i(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
3 V1 u1 P) R4 B" \& ~" b8 A! don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 Z2 N M2 d' j/ K0 a9 n2 rthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. k1 R& E0 G: H$ E
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 ~4 [7 J x" H% M4 z2 o, Cunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
1 e; K4 w' c f6 F+ L(3) No refund shall be granted under subsection (1) in respect of a claim unless5 i5 G: \- r& b- j9 R
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in/ R3 \) H0 A- m" W4 Z, D2 m
respect of which the claim is made or otherwise verify the reason for the claim; and0 ]! ^% Z) Q8 }
(b) an application for the refund, including such evidence in support of the application as may be% b2 k7 F/ _ D- a# P: `) g
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the) \; h2 q4 @ F
prescribed information within
) o: |$ m7 F" J8 L* P(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' A/ w; v" @) A7 ~
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and) l4 J9 G2 c p9 C$ w0 N1 A
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods6 |- O; r' X6 r1 t( A
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., Z8 [: K+ n0 @- W
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
/ K! ?9 h- x- d( ^this Act as if it were a re-determination under paragraph 59(1)(a) if
9 J4 m0 P8 i6 v' r) I. U. w(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
8 e- W* o" I! ~0 E R* Tbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not, H' D8 u3 s e) X d6 s, l3 N
eligible for preferential tariff treatment under a free trade agreement; or5 m" V0 x! K( N; H% } c4 ^
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; e+ ]" F' |6 b% d) R
because the origin, tariff classification or value for duty of the goods as claimed in the application is. g4 D) k8 t6 ~' I& [- v
incorrect.( ^. C& w0 b& i9 P
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 g( h" Z" \: y2 s* ~5 t# G8 Q4 D! E
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 c& F2 m1 b3 a# z# h3 ^2 v
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it; [+ ^$ M$ A( V' c! k# R2 E' X
were a re-determination under this Act of origin, tariff classification or value for duty.9 C6 d) u% D% N% e
% A; B- X J+ g2 g这到底是说可以还是不可以啊? |
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