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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
3 F3 R/ p9 l2 {. j, k7 ~上面说 非商业 进口 可以免关税?
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/ r: F3 m8 A0 K5 d8 shttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf3 @! k! \0 d. p( M3 O( N) I9 h
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Refund Requests
% a& x" H5 b5 C( b74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
; e. i- L% N. Q8 V1 ypaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
: p) T1 N- r9 M: \8 Aof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
; {4 P2 q# r7 c$ w(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
. b& _# M% t4 l- F: p! W* o, T) KCanada to the time of release;; y" [8 Z2 U7 s; z- L
(b) the quantity released is less than the quantity in respect of which duties were paid;
. M) x' t! Z( S& r7 a1 g(c) they are of a quality inferior to that in respect of which duties were paid;
; O, Z' ]- y& T(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
! M8 O5 Y# A7 Z8 k2 a' ltariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( {2 g" {8 w5 I
case may be, was made in respect of those goods at the time they were accounted for under9 _+ e) c( e [, a8 Q
subsection 32(1), (3) or (5);3 i V. K+ y# E0 N1 N- q
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7 @: B) R0 q7 Z: M2 O* B4 c' \(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for9 P7 g0 J& q' ?" c# j: Z+ ^' t8 q
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are% K( n# I5 o& W! ]8 A
accounted for under subsection 32(1), (3) or (5);" ]' `# H& f8 c+ z+ C; F
(d) the calculation of duties owing was based on a clerical, typographical or similar error;( E" y+ o) X/ p i! W1 L
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)1 F, w' M5 n8 z
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or/ l. j* U. P/ {2 I7 E7 }5 O
value for duty in respect of the goods and the determination has not been the subject of a decision
( s0 |2 U% X* A# a& a& P( Dunder any of sections 59 to 61;
% ^2 u% p4 B D) z$ b(f) [not applicable to non-commercial goods];
; C& M* H% U2 y3 Y$ E(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- h. Z S ~7 f6 h(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based( f" I8 B' V; B1 \- l
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ V1 N( n8 t0 K' m. f
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).9 d9 o) X" K+ ?
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 e# D0 `! x Y) f9 z3 ^% ^+ t% {7 Lunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
7 p: p; q. {2 K(3) No refund shall be granted under subsection (1) in respect of a claim unless
f- o) ]1 \; t9 T3 R( h/ E7 p0 L(a) the person making the claim affords an officer reasonable opportunity to examine the goods in) D" A" I5 E5 u
respect of which the claim is made or otherwise verify the reason for the claim; and
7 Z! I0 U6 a1 m( O$ u0 y% E% A& c. f(b) an application for the refund, including such evidence in support of the application as may be
! B$ _5 P e* ~- a0 r1 Hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
5 O( Z/ i g# Uprescribed information within
% T. X; F. T5 h(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
4 g q Q$ M5 W0 Mor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- \* ^" L; x2 P! V8 R# Q5 `1 g+ W4 y(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
7 x. Z$ B6 w1 [were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., l- s y7 I- Q6 @* @
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ ~6 h( G: S" h6 _this Act as if it were a re-determination under paragraph 59(1)(a) if+ a# {: M0 R2 l' L! q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
6 h3 T" p8 q: U# W1 b" J! m, obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: U+ y: s& m0 n" `9 h' \eligible for preferential tariff treatment under a free trade agreement; or& i& e% B$ T: b# G" h
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. n/ f d& L2 @, }8 c6 E
because the origin, tariff classification or value for duty of the goods as claimed in the application is! O; J0 y. ^ K' K
incorrect.3 ]0 T7 |: U' ]1 T- @# }
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) E; @ q6 G Q. N1 c
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
' F6 ^# u& X; I# e, W" ^& n0 Zother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
4 Z) \, P2 |. l% \+ u% twere a re-determination under this Act of origin, tariff classification or value for duty.1 E$ D3 j# G, g
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这到底是说可以还是不可以啊? |
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