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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' k$ u+ n5 L/ g/ C7 Q
上面说 非商业 进口 可以免关税?( @3 m& k# Z# ^
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf- _/ j* z$ [" e/ N2 {' C2 h
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- i1 g G! \" l" s. {1 p6 F7 t6 q- TRefund Requests
4 H2 ^. a' ^9 S, a9 B! w74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 C' y2 l* D8 b4 y+ _' X
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
; B6 |0 m; N' A7 a0 mof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
9 g% V& m' f& b7 N: b1 u% z(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to- r# J/ }4 I8 j, t
Canada to the time of release;
# J% [( y' g, F; M6 M. z(b) the quantity released is less than the quantity in respect of which duties were paid;1 C3 v7 t5 l0 f6 {% x; M
(c) they are of a quality inferior to that in respect of which duties were paid;
& H! R9 P: O) `8 g(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential5 h5 a+ n c( C( `3 M6 n* d
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the! M0 X7 |8 M+ |& a, x8 _5 J* A
case may be, was made in respect of those goods at the time they were accounted for under9 N) x7 l& a* L+ ~' W% T/ x) f* u6 X
subsection 32(1), (3) or (5);
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- ]& C1 p9 [7 {( G8 N8 X& c: P(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
# e8 R7 ^: W7 s" q' x. F6 X0 Jpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
7 y( I' Q: \/ w. a6 `8 I( Maccounted for under subsection 32(1), (3) or (5);
7 z" u$ o/ b6 B! W+ z, Q/ s(d) the calculation of duties owing was based on a clerical, typographical or similar error;
) l& Q% }6 C/ l: K2 b(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
0 }+ R2 m! Z5 rof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or& o% Y/ I# N/ B& T4 x$ |
value for duty in respect of the goods and the determination has not been the subject of a decision6 ~9 I7 m/ l7 D$ ]+ N' V
under any of sections 59 to 61;
0 q3 l3 d9 M- Y- J3 V(f) [not applicable to non-commercial goods];
" c) S' z# c. h- q# c+ m; j2 o(g) the duties were overpaid or paid in error for any reason that may be prescribed.; {4 [% w$ d- O m
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, u8 l' i. w/ d& C3 Son tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
. _5 }1 h* K( \( r% q ]this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).5 T, T: l$ D& K" S, A# X
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
! Z; ]8 o E! q! k" X0 aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& q, c7 o. I2 w+ W! u1 Z) h(3) No refund shall be granted under subsection (1) in respect of a claim unless
$ g" I) r7 }9 v(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
6 O2 }! J3 R% H- t+ hrespect of which the claim is made or otherwise verify the reason for the claim; and0 u0 J: e; j" z' M
(b) an application for the refund, including such evidence in support of the application as may be; [6 C# [+ y, q" _3 ]. Y( f1 n8 N
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
! B4 Y: p. F! Q% G1 O9 W( O+ Mprescribed information within9 W, {4 S1 S# ^) a6 y% r) j
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
. p# i& U* P3 d8 }: c. L; }or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: R* c2 y; r. \- ]. i7 U(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
( B* F/ H( _, j7 ^were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
7 F8 B3 a. g8 ~( b4 F3 R; t; b(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
' M! G/ j |' Sthis Act as if it were a re-determination under paragraph 59(1)(a) if! P' b6 }9 e" h# W4 w; w1 O1 I) K
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
% _# o- b9 ^7 N. h% g9 j0 |/ e% Xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 r: E8 Z% y) Heligible for preferential tariff treatment under a free trade agreement; or
6 ~- F3 z* Y9 L. ], c: _$ r(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied3 [3 |/ k; A }$ E9 L) M
because the origin, tariff classification or value for duty of the goods as claimed in the application is
: s, j5 ~1 a6 G% G( i2 lincorrect.
$ X) C$ |' d+ }(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ a# s% S, L+ @, a(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground3 Z, b, ?8 d4 u: }4 ?6 |
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it/ }% f, I: ]/ ^
were a re-determination under this Act of origin, tariff classification or value for duty.7 s3 V* \1 g! `$ j3 t
8 L) K% m( C. R这到底是说可以还是不可以啊? |
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