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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations0 Y2 l2 r6 O4 t; Q5 q
上面说 非商业 进口 可以免关税?
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1 \ V: Z2 T. e/ T8 R' `http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf" F; ?2 H6 g* W+ }3 C/ a- x' |
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Refund Requests
Z5 \9 V! j* a6 |2 H+ T* j74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 o; t/ ?. J8 W. l) i1 y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part! S( u' v5 ^1 F | q8 n
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if0 d1 J$ y1 s; ]8 f7 x+ f3 j( E! F
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) }+ B3 W# Q6 N7 Z/ FCanada to the time of release;8 \) {2 c3 {* c7 U. S# O1 b
(b) the quantity released is less than the quantity in respect of which duties were paid;- g8 M) S% S9 s7 ~
(c) they are of a quality inferior to that in respect of which duties were paid;7 T r* }2 `3 l3 a1 [+ B; ]$ \
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential8 v* S/ X2 N5 A; l( o' m4 F+ Y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& t$ c+ A$ P9 g5 w
case may be, was made in respect of those goods at the time they were accounted for under6 m: O9 H, ]9 L8 R1 F9 o5 `; v- Z
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for; o3 y# h# E/ W7 Y! ]) ]; o
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are" n# Y& E, d( _6 H
accounted for under subsection 32(1), (3) or (5);
$ {0 k1 I" a6 i( F$ ~1 ]5 h( s" `(d) the calculation of duties owing was based on a clerical, typographical or similar error; {/ v; R% ?* X( E$ z
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
c2 u m2 F0 B% D( w" n, mof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
& I ~/ Z1 D. Fvalue for duty in respect of the goods and the determination has not been the subject of a decision3 G* n2 m9 o3 X# A
under any of sections 59 to 61;8 b; R% i( K3 g; J! n; o
(f) [not applicable to non-commercial goods];
5 ?+ w; n$ `! h(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# }; `2 W8 M' j, Q" ^( s: o(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 z5 h# Z$ [* }2 _4 \+ Y4 r1 y" r
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of1 b3 M/ \" H' E3 ^+ z+ M4 c
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)., I$ N* e, M: y2 [
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
8 m1 x. {4 C6 q Tunless written notice of the claim and the reason for it is given to an officer within the prescribed time." k9 x% ? z& P' {% ]# U) J- H7 X1 y
(3) No refund shall be granted under subsection (1) in respect of a claim unless( m6 @7 X! {+ K+ \$ I5 ?- U2 c
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in, \( f6 s$ P9 k4 O9 H/ A9 Y
respect of which the claim is made or otherwise verify the reason for the claim; and5 T5 ?7 ~$ v2 a+ k, n
(b) an application for the refund, including such evidence in support of the application as may be$ i- J0 h5 t" [; a. V$ R* R
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 d% r' }9 w' k9 g0 {1 |prescribed information within
+ w" Q) \& P1 N- i(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)- m1 `: }8 v2 e% }+ f
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: p, ~6 }. N; j1 [4 O(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# d$ E) }0 B) i9 c# g4 [- l7 \
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.+ }9 m' ^4 p0 B# o, _" }0 I" D, Z
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of6 f( a2 X; I1 V( W$ g
this Act as if it were a re-determination under paragraph 59(1)(a) if
x5 m/ l' H; Q9 G7 w) e# F(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
/ c3 I3 N L0 c2 Ybecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not* U- d: U% R. K: z' [
eligible for preferential tariff treatment under a free trade agreement; or* r9 D' O3 j( _' z6 k: ]: V
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! ^8 E* e, I" @
because the origin, tariff classification or value for duty of the goods as claimed in the application is
& j7 u4 n) d0 ^# p7 Y- F1 x' o" Pincorrect.! \2 L7 ^0 O% }6 p; C
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
% G7 m$ q* H# j p \% Q. L(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
E( V- W: O5 ?. zother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
, f# m* V- d7 B" }* A% z) w, Uwere 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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