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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations9 }( d0 _, G4 C# I2 P
上面说 非商业 进口 可以免关税?2 q0 X7 d4 c; _9 v
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( C$ `/ D5 |; Ahttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf( J3 W# Y# ^* f
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8 j/ N f. q# t; iRefund Requests
7 q$ G( p y) {2 \2 \" P74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
4 w$ c& K' E- Y5 Mpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% |9 z) H/ k8 w9 y! g0 x& T' Eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 s- q6 w0 i; d4 Q
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 E& U3 V1 }1 [Canada to the time of release;
; a4 ^' ?) r' U(b) the quantity released is less than the quantity in respect of which duties were paid;7 I9 N/ d5 y7 J+ C
(c) they are of a quality inferior to that in respect of which duties were paid;9 A& A' _( C8 s+ u) c) D
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
3 |& E! K% E8 n. vtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the0 W- y4 Q0 F" D& C+ l
case may be, was made in respect of those goods at the time they were accounted for under$ C; n; J/ `, x- X
subsection 32(1), (3) or (5);; ^/ A* \& ~( F; h1 u
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
8 g6 b, y) J! U& \: gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are: g' v0 x1 T5 p$ U, y5 b# z8 l
accounted for under subsection 32(1), (3) or (5);8 v1 G5 l' n+ s: o i
(d) the calculation of duties owing was based on a clerical, typographical or similar error;. ^9 {" q! h* X
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)& o0 _, Z1 q1 |" c. q. W& m# l9 V
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! G r9 k& X* b$ T3 E1 ^' evalue for duty in respect of the goods and the determination has not been the subject of a decision
- X% d) |$ A8 ~" u- C, X) V; T* ~under any of sections 59 to 61;% M: P! ?8 c, E$ ^) N
(f) [not applicable to non-commercial goods];: T% }/ f+ D) b/ S- \
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# J7 a/ G2 V, R, a* V: \+ s; E(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based" B+ X5 b7 H6 J. T3 p* e3 @4 F
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
( C6 \9 y4 H, Athis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; ~, \9 g+ F# ^* k9 ]
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
& E6 I/ j0 e" d# J7 d, |7 uunless written notice of the claim and the reason for it is given to an officer within the prescribed time." x' b6 L* [1 {1 Q# E1 K8 b# n
(3) No refund shall be granted under subsection (1) in respect of a claim unless4 ^. _& w g& q: I. k* R% Y! X! W. i
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in' i. J/ x$ t* {2 _; `- s1 N& l; K- G
respect of which the claim is made or otherwise verify the reason for the claim; and% _' L; {7 C+ @0 j& O9 J
(b) an application for the refund, including such evidence in support of the application as may be
' Z9 r1 V6 B. ?, i! d' yprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: y A3 q; ]- T4 T- r6 hprescribed information within$ u& j5 v( j5 O* d$ G
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)0 `3 m4 v' e0 W7 ]
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
# |1 L3 J' I2 }(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; d( z, w" W; x/ m, s5 R6 e0 Bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 i- W- ]( a! o1 n8 A- @8 x(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ f# |/ B9 D( K9 F7 [, w5 _this Act as if it were a re-determination under paragraph 59(1)(a) if
! u; S1 {: j# M7 E7 e) k1 a+ i(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, p9 A R' \7 i+ `
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not% F% b' h. L) R, i
eligible for preferential tariff treatment under a free trade agreement; or" z: W7 {. X$ E/ j+ `
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
9 ]6 _( z. j# b5 obecause the origin, tariff classification or value for duty of the goods as claimed in the application is3 D6 w* Y6 i, M+ n* M! u3 c7 Y: Z6 y
incorrect.4 Q$ K, g h$ b' `( ~- i* B
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),3 g9 M& d6 f! @, `
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 @3 L- _6 N7 q3 d& k* [
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it8 Q; m! W$ B8 g1 D! c
were a re-determination under this Act of origin, tariff classification or value for duty./ z! h9 a7 }; |
& y: _! k' i* d7 ^/ Y, {这到底是说可以还是不可以啊? |
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