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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations8 |/ A! J, E, k: f7 }
上面说 非商业 进口 可以免关税?
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7 s0 \9 {7 g6 o% k2 Q8 z0 qhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
4 i# |2 r; O, H) d2 V8 s3 y! H& g74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
) q$ X$ W: ^) W$ M& gpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" M5 t" f. V0 l" L$ ?% K5 _of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
b) q3 |4 Y/ ]1 y& U( o(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 ?0 u+ u& N$ @4 A' K+ h3 OCanada to the time of release;& g6 \9 H; H+ T$ c! i
(b) the quantity released is less than the quantity in respect of which duties were paid;$ ^7 N, f# I1 x# F' u8 ]( B7 [
(c) they are of a quality inferior to that in respect of which duties were paid;
1 I1 v# b5 ^6 i( p(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
4 m3 g" t) s& F5 T# U; i1 Qtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the. h9 M; f; `1 S) D' W
case may be, was made in respect of those goods at the time they were accounted for under3 T i! \ h0 D% O) u/ |1 z5 A q- t
subsection 32(1), (3) or (5);5 ?$ M/ b- b7 y3 S3 O8 I- D
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2 w: w; M, c1 J(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
2 |7 m& l, w- }0 npreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
9 n: g% c, }" ]& c" \accounted for under subsection 32(1), (3) or (5);
8 O# n8 g" A9 e$ N$ O6 Q; j(d) the calculation of duties owing was based on a clerical, typographical or similar error;# s2 p' K$ D7 |2 S( {& b3 {1 Y
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)' q C1 }7 A! K' ?6 c* |. H% V
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or) W/ w2 j/ q! Z- T9 ^
value for duty in respect of the goods and the determination has not been the subject of a decision
0 {, q7 U8 t: |6 Q0 H4 Eunder any of sections 59 to 61;
; M$ y0 z, S/ u! T/ j4 }(f) [not applicable to non-commercial goods];9 a, \0 _. u2 }# e# X( V
(g) the duties were overpaid or paid in error for any reason that may be prescribed.7 T5 e8 ~8 K8 K
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
; |, M. A8 A _! Xon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
. R+ m" @1 j8 \' a, lthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
# t/ x8 t! b" { E' W& O(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 ?9 c6 ]/ a9 {6 ?unless written notice of the claim and the reason for it is given to an officer within the prescribed time.1 t& P) {1 x7 ]" Z
(3) No refund shall be granted under subsection (1) in respect of a claim unless; O0 U$ F0 Y1 ?$ C/ _2 [
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
. D/ q4 ~/ ]! c3 G" Y! _1 S6 u5 F6 urespect of which the claim is made or otherwise verify the reason for the claim; and' Y$ e6 n0 ?8 ~
(b) an application for the refund, including such evidence in support of the application as may be5 X: w, N' a5 p2 N* z6 a, d
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 ~3 R* h* P4 F/ b- f0 M1 p( r% O
prescribed information within/ Y0 L) F, u! [: o( i+ }
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ o! u8 G& K' d$ _6 F; B& s& ior (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; M7 c$ T6 G i4 B* A( }4 |
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods0 T$ t8 P! s& E! w+ a
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
) P1 _, J W- S$ L(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% i4 ^7 N( _6 }. Y$ L
this Act as if it were a re-determination under paragraph 59(1)(a) if0 A* y) L. T/ o' h6 c
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' j e% l% R" B U8 l# n% i) |. Q
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& f) D# ?0 M3 {$ w: i
eligible for preferential tariff treatment under a free trade agreement; or7 q, [7 Q2 c, y& Z
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% a4 ^# D+ x. H! ibecause the origin, tariff classification or value for duty of the goods as claimed in the application is
5 u: K) R; J% ^incorrect.9 P4 n& e8 s% f) M+ m K
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
$ }7 K6 U5 {! g' ]% n6 f(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
& g# f8 m3 j+ sother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it& y; S- G5 }( o5 K+ d' l
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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