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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: C0 X" n: k- S& f+ w# O* T/ s
上面说 非商业 进口 可以免关税?# R$ [2 q1 [+ A' o0 y( ]2 a6 t
$ x2 Y5 z/ k; O8 P3 r7 K- K6 v
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
) g2 Z. r4 q! a+ P% `9 T74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
7 z* R8 s. w# f0 L; P; y; {6 o, bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part. l! Q* }+ s. ]( f
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
, x! L; D% @5 T4 P7 S1 u(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 x$ g$ O5 a+ {. I# {Canada to the time of release;7 p5 g3 j( z# T8 P9 d
(b) the quantity released is less than the quantity in respect of which duties were paid;
# i0 g) r$ l8 v) K' Z; O& ^1 H(c) they are of a quality inferior to that in respect of which duties were paid;
, x7 W# }" f9 r0 U5 Y- ^(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
! | g8 ^0 h' [) q& Jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the. U9 e1 [; m9 o5 j! c/ S/ X. Y4 ~
case may be, was made in respect of those goods at the time they were accounted for under
$ t4 e8 d: n/ u1 Gsubsection 32(1), (3) or (5);0 ~. ]* n; ], O1 b; `
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for& {+ |- r- ?- y: y# K. P# }
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are L% `+ ~. g. R) L, X
accounted for under subsection 32(1), (3) or (5);5 V& V" q9 S& C4 @
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% J! C" z/ O0 u- H$ ~4 J I- o( I z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2) P- ~. m6 l9 J# r
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 ]+ J* A3 @3 [" k
value for duty in respect of the goods and the determination has not been the subject of a decision+ m! S5 ?( {/ Z$ a8 n& ~% d$ G
under any of sections 59 to 61;
) }* J6 y n/ x9 ^& Z(f) [not applicable to non-commercial goods];% G* O( Q. f; o0 }' t" Y4 G
(g) the duties were overpaid or paid in error for any reason that may be prescribed.+ g" n; n2 j$ ]* z1 O3 G5 V+ q1 |
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 i) c, B3 A# E, S+ R; a, b) _on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" d# g ^7 ]2 K& n, Q p7 d
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).2 b4 R7 f+ n( A3 s% G+ j* q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 K: l# }8 u7 n7 H- Xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.& e4 k3 s7 ~$ J- N
(3) No refund shall be granted under subsection (1) in respect of a claim unless
: H5 O$ _7 `4 Q! `) {(a) the person making the claim affords an officer reasonable opportunity to examine the goods in" E7 y; ?; F9 w/ L4 M2 d
respect of which the claim is made or otherwise verify the reason for the claim; and, m/ K/ f; T- X) H$ w( v9 D8 B
(b) an application for the refund, including such evidence in support of the application as may be: r% f, D$ v6 G) l
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the0 f/ M" D- H7 @( Y( n1 ~ [" _
prescribed information within. g$ V5 r- s4 ]8 B. A3 ?3 Q4 L
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)# h+ y! b* [( r) ]& L- q0 W% @
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
# s% W& [+ J; d(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods: F+ N0 A+ o2 a* k+ o1 v8 a
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 I& G0 N" c; J# f5 l$ y( T5 T
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 s$ ^2 E; A& \/ ?this Act as if it were a re-determination under paragraph 59(1)(a) if- V9 F$ N- m* X$ A5 M- W+ A: O
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' \, g- Q7 i* [- _. ^7 i3 q
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: O# X4 k. b: [ V3 `" m# |eligible for preferential tariff treatment under a free trade agreement; or
- E- u8 G7 V" F1 |(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
% C# j7 @, T* t! M. v+ ^# vbecause the origin, tariff classification or value for duty of the goods as claimed in the application is$ y; h# W" C8 a2 M4 N. D
incorrect.
6 ?' K; i: U( D, Z(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),8 d8 C/ n1 y6 M. `4 X- M6 e5 d
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: F0 S0 w) w0 c
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
# R* G) z, I- ^; ?( p7 Fwere a re-determination under this Act of origin, tariff classification or value for duty.0 U% i. s: R. Q; p! B5 l
* O) P" y5 |& J9 L2 T/ R, l这到底是说可以还是不可以啊? |
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