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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations1 a1 u7 h, d4 q: _% e/ w
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
+ a( V. s6 v; g) U74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 @& |) Q8 f, E( e, |
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" X1 g9 h3 r. ?
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if6 b2 N2 V; F% a( g) i: b
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
- [7 w! y( k+ O4 N% nCanada to the time of release;
# |! W. A( l& t3 a- a(b) the quantity released is less than the quantity in respect of which duties were paid;
n7 V, Z7 A% ^ y* P(c) they are of a quality inferior to that in respect of which duties were paid;2 ]! t, d' l, L4 B! X, `
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- X5 Z# x. @% p. Jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
3 E7 }8 ^' c X& `9 ] A% ncase may be, was made in respect of those goods at the time they were accounted for under7 g# G, M1 A+ j
subsection 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
: ~! P+ E8 q! y% J0 {; \preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
' V9 l8 t, |8 |! |1 _accounted for under subsection 32(1), (3) or (5);$ d/ C7 L s9 J3 P* ]- U' g/ T% u
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
' v# P, i! \9 o$ l2 L(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). o/ `( E' ~+ i/ ]7 Z
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
) v1 Q) X8 e5 _: hvalue for duty in respect of the goods and the determination has not been the subject of a decision
# I$ Q8 j) G! I- Wunder any of sections 59 to 61;
! t* U5 D" \: k$ h- s1 k" y* ?2 J: z(f) [not applicable to non-commercial goods];( K0 k6 x2 p! X' ]7 h9 `
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- E! ?% t \* M/ G7 Y(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
+ u c$ @6 Z* o2 r* i1 bon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
7 h: w9 x. l$ B. y: S3 l' Pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
% [8 e; d" p, ]' D: w( R(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim, _5 G f9 n- P1 D6 }
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.' o$ ^ x S( ]
(3) No refund shall be granted under subsection (1) in respect of a claim unless, X9 x! v' {) M) W/ Y& ~
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in. l+ s. p& q6 P X' ~' E
respect of which the claim is made or otherwise verify the reason for the claim; and
- m' ~/ Z9 w/ J3 D4 X* @; I% _/ g# s(b) an application for the refund, including such evidence in support of the application as may be- e" M9 i7 b; x; a/ ^3 t$ U- Y
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 _# \" C" l3 B* V0 K$ q
prescribed information within- Q( ~" ]/ ~' d' B
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f). c+ Q7 j; b4 Z/ E
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' V" i1 h+ a6 S' W
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; d' h% I) O( t y
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
7 h' Q# `: F# v- m2 T1 W(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
5 c) s4 W- R. G, s5 R6 G1 cthis Act as if it were a re-determination under paragraph 59(1)(a) if
* ^) t' z; b) S5 U o! G(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
- Y: G; }( p, Obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 W9 X& `" H- P n: J" religible for preferential tariff treatment under a free trade agreement; or6 O5 [7 ]8 x. ~( z9 R3 R
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; w( e- M% o' X- P5 G* y
because the origin, tariff classification or value for duty of the goods as claimed in the application is; U" T. M! b. A
incorrect.
" ~1 {8 p1 ~ t4 C7 `' G4 I(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
( y' Z6 Z4 t0 [: [$ Y9 }; i0 C(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground. v& j2 d# T7 M
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it. b3 f/ f$ H5 p6 r0 g
were a re-determination under this Act of origin, tariff classification or value for duty.5 z' ]% U+ u. \9 K6 ~
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这到底是说可以还是不可以啊? |
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