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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations" O# W' D' \5 A% r1 q ]# f
上面说 非商业 进口 可以免关税?( w* X) L1 {, X0 C" M7 Z1 J, K
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9 V& t: `4 o8 q6 J$ e" Z& r" m+ ]http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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2 w; d0 K _( G( dRefund Requests
9 I ~9 z0 @$ V. l, E. G& F74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
/ H ?: r# n8 m! Y$ Epaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part9 B( p9 q5 L6 N
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. j! M o5 R1 h& F+ i6 n(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
- E1 E& h! _+ PCanada to the time of release;
, ]0 S# J- h. v$ U(b) the quantity released is less than the quantity in respect of which duties were paid;
+ X3 h% h+ r* H% m( M) x- T(c) they are of a quality inferior to that in respect of which duties were paid;( w% t; o$ p( I8 A
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential9 Q( d$ _; c( n0 D
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 Y5 t+ {1 Y# y1 F, [; ~6 L: D! G
case may be, was made in respect of those goods at the time they were accounted for under
* n0 l" W8 [' Nsubsection 32(1), (3) or (5);9 V) b* S5 S8 x0 \
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
: V' Q) I: t6 c! Npreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ G# D+ D8 F5 ^5 raccounted for under subsection 32(1), (3) or (5);
W* Z0 i _* a d7 M) M(d) the calculation of duties owing was based on a clerical, typographical or similar error;# {2 R& ]5 _8 s0 T
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)# V9 a ]7 w ?- S+ c
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or9 Q* c: Z& ^4 Y
value for duty in respect of the goods and the determination has not been the subject of a decision% E* ? [* r! V/ E
under any of sections 59 to 61;, {0 \* d0 k- l Q1 z
(f) [not applicable to non-commercial goods];
& _0 ^2 Q0 w' K8 T4 W% n& a: T(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 ~1 a4 Y* A8 T, {) H
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
+ I% E0 i# j$ Z7 Mon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
8 `0 i3 _( p2 C' pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; P: W$ g* {! j6 i) m! q; S2 B(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
# z, Y! s# g5 d5 N5 D2 Q, {% l- dunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
* j) \; a/ z2 j1 @: a% ^(3) No refund shall be granted under subsection (1) in respect of a claim unless" |0 ~) D0 V0 S9 e; k! z# o
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in, ?) l( _0 q! b/ ]& p
respect of which the claim is made or otherwise verify the reason for the claim; and
- g8 `& n( O& X+ k) L2 v8 G(b) an application for the refund, including such evidence in support of the application as may be) q4 g7 G7 c) H
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the; p; r$ ?! G: h' x
prescribed information within
8 t/ M7 ^ t8 Z0 w(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' y2 V. D& p& g9 U
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and. s/ \+ L5 t: T! ~, E
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
' C8 }5 c3 E5 E9 O! _: k( Z2 m7 @were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* E9 Z+ ^" ]' A1 Y(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
/ t2 H* u% M# \$ w# }0 Nthis Act as if it were a re-determination under paragraph 59(1)(a) if
+ b8 f1 t3 a0 [( K& b(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied" R; e( f1 l! ]! O( W1 M
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 L( }( O; Z/ ueligible for preferential tariff treatment under a free trade agreement; or& m% h+ |; ^% B9 E: [
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
- X) U: b; R- V$ C* Sbecause the origin, tariff classification or value for duty of the goods as claimed in the application is7 W* G+ b; @8 w9 t! R. i* ]
incorrect.% L- H: ], a7 F5 y4 c) Q: K
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),. ^' }* C {- d. W& Y
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground, o5 f. X7 d& i4 K1 u
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# q4 w3 r* d9 L5 v* z6 d: e
were a re-determination under this Act of origin, tariff classification or value for duty.
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9 o# N( u- j3 X/ r3 v) @0 y这到底是说可以还是不可以啊? |
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