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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations- f+ u& W3 i" \9 [
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf" p9 l: \( W/ O
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Refund Requests
0 ]: x7 u7 O/ K& r8 d2 r74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who/ Y) b5 _% \" x0 q4 Y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 m R/ _7 V0 W3 {4 V5 t
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if& ]$ d* T1 y3 T$ K* O
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
z4 X8 d0 b/ _% l [! q% v$ MCanada to the time of release;! d2 F( @7 b5 E0 ?- Q; a% y* v, `
(b) the quantity released is less than the quantity in respect of which duties were paid;
# p, g$ P, {% q, T# \(c) they are of a quality inferior to that in respect of which duties were paid;
' Y8 j6 }& ]/ [(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
J" m: F' c$ w' ttariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the" W2 m- \* f% d0 } ~- l: p
case may be, was made in respect of those goods at the time they were accounted for under
& J; _* l1 e, [; E8 ssubsection 32(1), (3) or (5);
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/ U2 q8 Q2 v8 H$ c(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
! ` w. Q- d, e5 ~preferential tariff treatment under CIFTA was made in respect of those goods at the time they are. B0 ^ \# H8 v" ?. w/ z: u0 F, h
accounted for under subsection 32(1), (3) or (5);
Z; o( Y2 l5 W9 o" m(d) the calculation of duties owing was based on a clerical, typographical or similar error;
; { S% H9 J# R& Z b(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
& }' \/ W- P" zof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! }3 y. K7 a z6 e9 Evalue for duty in respect of the goods and the determination has not been the subject of a decision; S3 b9 j9 ?: v" H0 b% [* f6 h
under any of sections 59 to 61; {( c: L& R# v8 a% ^ o6 s
(f) [not applicable to non-commercial goods];
9 g0 l* @, }1 g$ G+ B9 T$ `/ q(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; K5 F7 ]: `3 I; q! m(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! K4 ^* p- g: S# ^6 x( R$ S1 Lon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 ]+ r( P8 C7 A4 Rthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; F; |- B7 G$ @( w- z0 V(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 j1 Q) \3 R w2 s
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.: r1 L8 m: w/ |7 Z) W$ M
(3) No refund shall be granted under subsection (1) in respect of a claim unless
1 G( o4 b9 @; Y' n; {4 z0 }(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
8 p0 {# P, A4 O- }respect of which the claim is made or otherwise verify the reason for the claim; and5 ~) v) |: [2 L# ^1 b7 e) e' `
(b) an application for the refund, including such evidence in support of the application as may be
! z4 i0 P) {( z, @* C* s6 \prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
; n# |3 Z3 f/ p. qprescribed information within8 }0 M ^, X: \3 K/ H
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)2 E* w6 j% _* N- O: E& a
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' P+ S1 z# k) k4 n- Q7 E(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& W1 h, W. s" n! N
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.1 u% z1 d2 i5 @
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 l9 C9 E& z+ m( U* |" H/ S
this Act as if it were a re-determination under paragraph 59(1)(a) if8 {/ _' e2 E$ w3 V0 Y' A: z! {
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& G2 U( k% C. i8 pbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
( v* H% t& q$ M: Q( |& i1 Zeligible for preferential tariff treatment under a free trade agreement; or
4 X, `% M* q+ w$ f(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied* H- n9 w; {! Y
because the origin, tariff classification or value for duty of the goods as claimed in the application is' {& q& ?- Y* d# Q) N, W3 R. G6 A. K
incorrect.
+ l9 C! f4 V- ~" U. k5 @! k(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),5 U" }) M6 A; w( M* v+ X) s- o
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ B* V8 x1 D: `$ w
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
5 D' G$ F, b# M, Y$ q( qwere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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