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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations, j: j* ?8 X( ]7 H3 @9 S
上面说 非商业 进口 可以免关税? F+ e0 U; }9 R
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' P }6 V/ ~/ x7 Thttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
* V; s1 G4 F( ]! t+ h74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who- s5 e% T1 T: J- r
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
8 E" G+ s6 c! q2 L6 e8 m0 ~of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 R- ~$ Q% V& |1 a* c(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; o! D O( z9 L: n: [
Canada to the time of release;/ m: K9 ^ W7 ?3 j; N- y+ U
(b) the quantity released is less than the quantity in respect of which duties were paid;
$ Z7 ?% z- p t6 K8 y2 H' w(c) they are of a quality inferior to that in respect of which duties were paid;
$ `1 ~' ]0 M4 }, j4 @, C(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential7 U0 [# y5 z/ X, h+ {( a3 a/ g
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
; d, u& G/ {" [* B# h+ mcase may be, was made in respect of those goods at the time they were accounted for under+ O: T% ?" \2 z: o$ ^* J
subsection 32(1), (3) or (5);! A: i9 U& h. N5 u6 ^& {
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 k) p8 I; d. @( J1 r7 r/ a
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are9 P/ D' j1 c; P
accounted for under subsection 32(1), (3) or (5);8 w+ N) |0 H- [ Z# U, M
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 P3 u N# O7 E(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)" X; L+ |: W' V
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or Y! t2 a& `7 R0 ~" I2 q4 c& e. r
value for duty in respect of the goods and the determination has not been the subject of a decision
" h4 m" B/ ]5 U) h& g) {/ Junder any of sections 59 to 61;; p _2 U" ?- b7 e
(f) [not applicable to non-commercial goods];
U+ x9 A' e/ K(g) the duties were overpaid or paid in error for any reason that may be prescribed.6 M5 K! e4 u4 g$ f E y: V
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based, [! R1 I- f5 x# r
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
! b/ u* D# E6 [2 I# B8 m; A- Ethis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ I" k" _& m) U% d$ l7 [(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim% V8 W2 m+ s, h- y X
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
3 _5 u! ^# m7 t- f) }(3) No refund shall be granted under subsection (1) in respect of a claim unless) ~4 }3 I. T0 Q, V
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
- m% D2 z/ o7 a% s" u2 grespect of which the claim is made or otherwise verify the reason for the claim; and
5 h6 Z) z) y$ T$ F(b) an application for the refund, including such evidence in support of the application as may be1 S/ k# i: C3 Q7 ?% C7 ]: H9 B5 ?
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 v9 X8 N- M& N7 @$ C- f
prescribed information within
9 m9 r8 @3 ?4 h* R& c(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)' B& l/ b2 q( ^ Z8 {/ r
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
0 K" h( L% ~% x(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
* @! {0 J- n; V7 }7 uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.! y* ^- |3 I- V9 _
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
( c; `3 [7 e' K/ D, i9 h) Z Cthis Act as if it were a re-determination under paragraph 59(1)(a) if& A- Z5 h) d3 J; _4 x
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
' `6 B/ {& y/ S0 qbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) ?9 E; W. d- }) n( H
eligible for preferential tariff treatment under a free trade agreement; or# D9 ]7 T$ Q( U$ j
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
; \ {; I6 P$ |8 H7 z, q% ^because the origin, tariff classification or value for duty of the goods as claimed in the application is3 f! g) m2 _! @# e7 P7 B
incorrect.% \+ O+ r+ O% Y; T
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 n" F$ R% x- E3 Q4 h S2 l(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
/ n! {# M2 t7 z a4 U7 L8 zother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ a3 ~5 } K& Ywere a re-determination under this Act of origin, tariff classification or value for duty.' B$ M6 |" @2 W5 d2 B
s9 L/ |9 j2 W0 e1 E这到底是说可以还是不可以啊? |
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