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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
4 c) |# n1 x& K& R J2 K" J7 T上面说 非商业 进口 可以免关税?
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* c$ s" I9 z! G/ @, y/ k* w0 Fhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
+ n' k& e, }8 U# y4 Z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who/ z5 k3 \& ~4 C
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part* [8 @* E0 j- x
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if) w% z% a4 W' C; e" ]! J
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 z& W$ N' i, I: f; A+ tCanada to the time of release;
/ x: `. S/ Y' b' K, n% ^. R- n1 E, O(b) the quantity released is less than the quantity in respect of which duties were paid;8 P- n8 H9 A# y8 g! d
(c) they are of a quality inferior to that in respect of which duties were paid;
4 Y- _. e, q( m3 m7 b(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential: y, F$ Y) N# q) Z2 m" |- L- C+ w
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the7 Y2 [: | \5 e! T! |
case may be, was made in respect of those goods at the time they were accounted for under) k, A. U3 x$ p5 V% G( ^4 z
subsection 32(1), (3) or (5);, u, y- U) r- ~7 J |) U% Q& D, z
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4 O: V- `$ E1 [(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
+ s- C- ~; W% gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 H, D' v6 d/ P9 O, _$ M1 o3 Qaccounted for under subsection 32(1), (3) or (5);5 N' f8 b* I Y+ s! p" b: L3 e: G
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 z1 D$ q, E5 f0 b. `6 F$ t(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 q8 @: v; q) ~ pof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
H; i* x8 V3 u5 f& }value for duty in respect of the goods and the determination has not been the subject of a decision& f! F( [" v+ R/ X) ]
under any of sections 59 to 61;
( v4 k* c/ g& A(f) [not applicable to non-commercial goods];( ]' }* u; V4 H8 B6 A* Z, ~9 K
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
" h+ C) l5 A( v) M4 `1 n(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based/ l% g' X& o: l% ~, f
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
% g! H' T0 R4 B e9 pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
1 N1 Y1 q6 P1 c1 _* d(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
) d" m& ?! ]- p: C5 Wunless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 H1 u$ u! {" q
(3) No refund shall be granted under subsection (1) in respect of a claim unless
. k0 }5 E$ a4 U: @4 m5 P(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) c# U' n3 K7 I' W( I. mrespect of which the claim is made or otherwise verify the reason for the claim; and
! f+ q' A* Q( F. W, [1 \(b) an application for the refund, including such evidence in support of the application as may be
, [% [' ?6 e1 r+ A$ Rprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the; ~, l3 H! s; r: x8 ~& k. z" Q7 h% p8 e
prescribed information within$ q+ f- d3 @& L( @8 b6 I; M
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ O: i/ f) B* [( `3 x6 R9 x& _! D
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
0 p" E* p7 P$ _" P* a) R. J7 n(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods. f$ }; a% K0 L* S: R! Y) l
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 M( F0 Y4 p# Q: B* O5 ?) `
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
/ @1 X3 D1 `: S6 f; }) X) Ythis Act as if it were a re-determination under paragraph 59(1)(a) if0 L6 w! O$ C8 \. w& ]" \
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
6 M2 ^! n. S) Bbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
" L# {; {$ b2 h, L3 R, `& Teligible for preferential tariff treatment under a free trade agreement; or: Q: A, B# V9 ?' z- {" y. p
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
- B' W! ?4 j3 c# ?7 Dbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
1 }, d, O9 _! D. Pincorrect.
' x3 O9 c' T) s(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" r. r1 B* F4 B! X7 t3 i(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 E6 D/ D& J4 R* _+ b$ n7 }" P
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
9 }+ `6 K4 O* P9 _/ W! C" rwere a re-determination under this Act of origin, tariff classification or value for duty.9 Y+ @ K( A$ D
. f( i y5 ?- Y, }& }这到底是说可以还是不可以啊? |
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