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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations, w7 k( p0 u: ?8 Z- L$ z
上面说 非商业 进口 可以免关税?
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+ ?+ z' e1 x7 t. Lhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf: d2 L2 `9 J$ Q1 q; E
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5 V2 L( B# A8 r9 P6 ORefund Requests
6 b5 m7 b7 a+ z2 t7 P4 U9 K; V74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 q9 x, Z) C+ o
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 P0 E! ^6 s, y3 w+ C3 E/ cof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
9 P) J5 Z+ A0 S; ?, y- J" M(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
5 n# f( U! j" b! w& a* ~6 z# fCanada to the time of release;4 p( }0 t4 b+ _. Y
(b) the quantity released is less than the quantity in respect of which duties were paid;. } Q' R9 j( ]( d; g
(c) they are of a quality inferior to that in respect of which duties were paid;* Y7 C9 _* W( O% H3 Y7 t3 w
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# A" `5 w. K1 |7 R6 ~& y' s" `
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
' N. V; Y! R) g5 U8 o4 Scase may be, was made in respect of those goods at the time they were accounted for under
1 e# O0 z' C* P. J. a, Y$ W# Xsubsection 32(1), (3) or (5);* z9 w% g% B0 Y3 A& J& p
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8 M: l; j* s5 e, `8 S- u(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for( z2 R, U' ~: o: ]2 o X6 Y7 X
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are$ ^6 x4 u M! Z
accounted for under subsection 32(1), (3) or (5);
~) O/ u* ~9 D6 c/ [(d) the calculation of duties owing was based on a clerical, typographical or similar error;
, B& i4 M* ?2 L; L m(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% g+ z: G! {2 H/ _& z! N hof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or( W ]% \+ k a8 {" c; g4 y
value for duty in respect of the goods and the determination has not been the subject of a decision
( K# i8 o: l" U. uunder any of sections 59 to 61;8 Q ~) G1 X$ y
(f) [not applicable to non-commercial goods];/ P5 f8 f: ^* q! S {7 H
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
S8 v$ g( D F. V2 P0 F( l$ b/ o(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
& C1 I Z* h. A, d: \( Zon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
7 b+ r( p, v- o9 l' U! {& @this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
' ^: h8 Q) _. Y2 w(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: @- W7 j; K, F( X, B% r4 |9 G5 X! zunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
& o, E% R+ V% Q( s(3) No refund shall be granted under subsection (1) in respect of a claim unless
* `* _) B) y* T Y: ^$ f% P+ w(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) O" O+ w# V$ J) Prespect of which the claim is made or otherwise verify the reason for the claim; and; I) K& e% C- C+ e+ R, R
(b) an application for the refund, including such evidence in support of the application as may be
" V6 k& E1 K, w! eprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
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(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) d- L9 d L! o) u
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 Q/ q+ q% s# }5 x9 d' Q9 L
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
# X& ]& M f# ^5 qwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.- E! T2 C7 s# n% U" h8 ?' k: f
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
/ \5 v0 d" B0 V- c: I( b1 b3 I$ Nthis Act as if it were a re-determination under paragraph 59(1)(a) if9 r/ M, Z! z' Z& Q h" U1 }
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied1 x n* ^. ]" W* X
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
' x& J6 r, _8 A) veligible for preferential tariff treatment under a free trade agreement; or
5 S( W j7 `- c- Z2 I3 y(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied( L2 `% L) W5 G- c& c
because the origin, tariff classification or value for duty of the goods as claimed in the application is/ M% l9 i; M/ A
incorrect.
) @8 H% c2 Z, l. c, f(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),8 G" A& R# o7 {6 [
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground; y% |$ N/ o4 U' G, D6 r
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it! S$ ~! a+ s8 E, m6 p! y
were a re-determination under this Act of origin, tariff classification or value for duty.6 h+ y5 l7 ?6 a3 \* u& U2 M* y
" C! C, y9 G/ ?' ~这到底是说可以还是不可以啊? |
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