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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations4 r7 h% P! w5 T( r
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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; p% {- s. L; U7 `. b$ p% GRefund Requests6 L2 z0 k- L1 _8 V
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who% R6 Y: S1 u2 T" C! `$ X5 I
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' e. ]% w& q* m, L5 v8 tof those duties, and the Minister may grant to that person a refund of all or part of those duties, if. v! h2 I s; x8 _
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
! E$ b" V( D6 L3 N* g) d0 N1 n+ dCanada to the time of release;3 q. Q2 c* `7 L# {
(b) the quantity released is less than the quantity in respect of which duties were paid;8 Y* _( v* D* z D z }& G# ]9 D
(c) they are of a quality inferior to that in respect of which duties were paid;1 p9 N* U9 `% `: f
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
8 L- l+ ]% L) W4 q8 etariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the% \7 h0 J4 u7 o
case may be, was made in respect of those goods at the time they were accounted for under
2 M! h4 q. T1 y& rsubsection 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: l6 q/ Y; i' x3 S
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are8 ]; u3 t3 f8 M; z1 m
accounted for under subsection 32(1), (3) or (5);
1 [' _* \, \2 j; g% D4 a(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 |: F$ F. V6 U
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' Z5 n1 D# L$ D' Mof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 G5 N8 m g, B2 Fvalue for duty in respect of the goods and the determination has not been the subject of a decision* c5 C. L9 l3 C6 \' S, q
under any of sections 59 to 61;/ \' q6 g0 R3 ?8 [
(f) [not applicable to non-commercial goods];1 N0 h a- j+ X* ^6 D' W: s/ o
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 A2 U% ~: V$ i" ?4 L0 K. k(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
8 x2 k, _9 g+ A& c1 |2 V' Ron tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of- l# n" k% ^/ O' |: I
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).6 A4 d2 k1 H) ~) O- T7 Z% [- b4 s
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- A- W2 c; ~' T6 c6 X' X0 T J
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: A9 n6 y! K* f8 ](3) No refund shall be granted under subsection (1) in respect of a claim unless& K9 B+ k( M2 k
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
$ a4 D$ o/ n- D2 L$ V+ I. j) Arespect of which the claim is made or otherwise verify the reason for the claim; and2 m6 V7 V3 r N" a
(b) an application for the refund, including such evidence in support of the application as may be' a5 w0 [+ I5 _. }# _ |
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 e: I8 c" n& h/ W& x: a
prescribed information within& S! A; h' U" w
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)5 P7 q5 m0 }# t3 K% h
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' _( x. F2 C' l |% j1 A" K(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
. ~3 F+ D$ Q8 v ^. Wwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
" |5 u; A w% ]9 A6 C4 A! e V& n(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of: `% q' X" t" Z( j4 o
this Act as if it were a re-determination under paragraph 59(1)(a) if
8 }8 c8 M) |8 `0 X7 m7 ~(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
- P- `0 l5 t- q& gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. M M* z0 [2 C+ r. Z Y- x& ^1 }eligible for preferential tariff treatment under a free trade agreement; or
! y2 w. J/ P3 x' }3 `) a(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied ~5 `) N g7 _0 {: X
because the origin, tariff classification or value for duty of the goods as claimed in the application is# k+ {7 X1 c4 `) ?3 F/ ]
incorrect.0 t7 x4 ~/ E9 S1 r) g
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),* v( G0 b; c2 ~5 b( h7 ]
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& l' u" n0 T/ x, d; R
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
7 [$ `" Q' h8 w1 {, @were a re-determination under this Act of origin, tariff classification or value for duty.
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% G% e9 o3 d j3 ?. I, B& f! Z0 N这到底是说可以还是不可以啊? |
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