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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
* ^0 _) |$ m! y9 h2 k$ t" }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
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( d4 R$ c/ v" j8 zRefund Requests
% t3 M: T2 {6 C74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
( r5 N5 F, o; {7 I, |paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part6 i+ {2 }2 Y4 i
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if! T- s( e( q" R: c# n
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 D1 R( I! _) v, Y0 t9 _7 uCanada to the time of release;; @1 l* A. B: H" Y! X
(b) the quantity released is less than the quantity in respect of which duties were paid;
& s* s( a; @' e3 [: x. O(c) they are of a quality inferior to that in respect of which duties were paid;
; q$ x' R. I( \0 [(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, e5 E1 f5 R/ q% T D+ G3 Ktariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ u4 |4 e5 R: K5 ucase may be, was made in respect of those goods at the time they were accounted for under! B- f8 \6 G, q; z, i( P1 G; Q; u% ~
subsection 32(1), (3) or (5);( Y! p. e' X& e/ j9 u
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. y. `$ G; }% O' z: f7 x(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for! L0 q# `& |( \ v* U
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
8 ~3 [. f9 B. y) Taccounted for under subsection 32(1), (3) or (5);1 C1 M; T" D1 I7 u3 `
(d) the calculation of duties owing was based on a clerical, typographical or similar error;+ r; h/ }. W, T1 X
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% e9 s' X3 Y. `" f; _0 Q4 \7 g9 ?of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% V' C7 [- U; Hvalue for duty in respect of the goods and the determination has not been the subject of a decision! H% _; E0 z) q* _) ~4 Z9 j) B
under any of sections 59 to 61;
. b$ Z8 _6 i# `4 V* W(f) [not applicable to non-commercial goods];: U, Q) m5 C4 X. G' [
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
5 `, M( [$ C/ T/ N2 L(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ ] Q0 K A3 m* [5 S5 [
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 M% ?' X7 V7 ~9 m. c9 D
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).- x) \+ l, O5 w( k
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 G- S* o% y& E8 D8 O
unless written notice of the claim and the reason for it is given to an officer within the prescribed time., e1 G1 P& ~4 v2 p1 Q7 y0 L
(3) No refund shall be granted under subsection (1) in respect of a claim unless& Q2 O' k, Y5 _. X% K
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% q1 p$ |/ X8 u
respect of which the claim is made or otherwise verify the reason for the claim; and
, O: w3 c, B' B) F(b) an application for the refund, including such evidence in support of the application as may be1 a% _# o3 Z* ]# c+ u- r
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the( |$ b1 T8 i2 b2 K& U3 B
prescribed information within) s. r' c2 E9 t6 o7 y
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# ^ z; w1 Z; m! W& cor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% I7 B- z9 t5 \(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# k6 O. C5 o7 v, s- ^
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 ?, v u) x7 `# c( \6 [& F(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% q6 w) N( V7 V5 b6 Q6 m0 k9 j
this Act as if it were a re-determination under paragraph 59(1)(a) if% ~( r2 c5 w. F! q/ O" c
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
2 n/ ^; H) |6 f3 U" T8 Dbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) T" P( F! s; w1 u/ P1 F3 X- A( q' ~( q
eligible for preferential tariff treatment under a free trade agreement; or
}" N q0 d, `5 V( E' j(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
7 R8 @7 y( D& i5 u; {% ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is5 ~3 X3 J, z/ v+ i8 @6 Y
incorrect.
, a$ b6 ?4 [4 O6 s* a$ v3 v9 Y(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
0 g4 v' f* h8 @; ~+ z0 ^(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
! w: P. { g2 Q5 fother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
9 R5 d$ {6 z- a- D5 D1 Cwere 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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