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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: E7 e+ B8 n$ K6 P! s/ {( e
上面说 非商业 进口 可以免关税? B' Q ^7 H9 [ L) s
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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9 v2 I, _+ b! T: wRefund Requests
8 |& X* K* m# r8 H3 l) w74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
T! b5 a' H/ S7 [. \/ }! Z% {. }paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part Z* p$ D `7 q5 B {1 B, L
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 w/ C) L; r+ Q: E(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to1 C! e: t9 B2 Y2 F5 P T
Canada to the time of release;6 t5 B5 P3 ?! }
(b) the quantity released is less than the quantity in respect of which duties were paid;! F _! T* L8 b, q
(c) they are of a quality inferior to that in respect of which duties were paid;, H# }$ ?7 C3 A
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( O/ r2 T" Z4 t! H; h/ L
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; g/ k. Y9 y1 H& Z) I2 `
case may be, was made in respect of those goods at the time they were accounted for under
4 ^' d: |3 W4 C2 K2 ~: Q! T' n7 k+ Rsubsection 32(1), (3) or (5);' d; ? b' {- k- H" n
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4 |+ V6 J# P+ D- [(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
) s0 ~, \& e, n0 L: ]9 Dpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 P" L6 s/ y) I; L0 g% Q
accounted for under subsection 32(1), (3) or (5);
( p6 L7 W1 L) O; f2 W* W! o( O(d) the calculation of duties owing was based on a clerical, typographical or similar error;& {( w$ s! s, R# z- ]- s
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 }$ i. J/ w0 V5 t
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. |; Q% ~4 v% V7 B5 U
value for duty in respect of the goods and the determination has not been the subject of a decision4 z+ @+ e( v; m' c
under any of sections 59 to 61;
0 i: f* H. F% d H(f) [not applicable to non-commercial goods];+ H8 s, ~; I( W/ ~
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
- V# [9 p3 z' b. ?(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
- f$ d( N9 r) g! }8 G- G/ E: \on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of2 o* P1 X' L' M6 N6 B( ^
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ j/ g) L& N X0 }, F3 ~(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
' J8 i% ~$ E( X' Y2 m n O6 Xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 y* A$ P" B$ u$ Q- a
(3) No refund shall be granted under subsection (1) in respect of a claim unless$ x% {( ~2 [2 i6 a9 f! {+ y& }/ F
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% ~: U3 I! t( P3 N
respect of which the claim is made or otherwise verify the reason for the claim; and
% J& d2 I* W+ k$ j0 ?! V(b) an application for the refund, including such evidence in support of the application as may be
, V) T* \7 n" v) f& A7 Aprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the @# ?8 l5 U) G: }4 J5 n
prescribed information within
* {% M2 Y0 u& a( B! Y(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# S$ m5 G) Q1 _9 Aor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
# X4 a" ^3 u* s! f; F4 |3 g& _(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
) Z& L- T* r* q1 J6 Twere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
8 z2 X( O2 G# d% B X(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ ~ t+ r$ ?- {$ ~7 M% b7 S0 pthis Act as if it were a re-determination under paragraph 59(1)(a) if
( K2 z$ f( q3 ~* ?7 `! f(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied2 @" a; V" i. Q+ }; p
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ h) \6 ^) F6 H- Z7 U% q, c/ keligible for preferential tariff treatment under a free trade agreement; or& s7 _! ~9 R. v3 q0 i7 `' ~
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied8 Y7 @0 j9 y- Y/ v
because the origin, tariff classification or value for duty of the goods as claimed in the application is; ~( o8 {. z7 D
incorrect.
: ^/ n8 f8 q& I6 I/ D# D(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, A2 R4 w3 j5 W/ D
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
7 G. M9 w. _9 H: Y2 ` s& N: Hother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it( }0 G6 p' S: V& V+ M
were a re-determination under this Act of origin, tariff classification or value for duty.2 t; j" W' A) F
" @ l6 C6 q! Z* u2 M: Q3 l, s这到底是说可以还是不可以啊? |
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