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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
# L9 B: l4 d8 Y9 g) N2 e4 x5 l; |上面说 非商业 进口 可以免关税?( u5 X( _' X$ z
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 `( a L6 O* ], t
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& i0 ?5 D; Z7 Z7 U+ aRefund Requests
/ y4 E& ~& v8 {% J5 [" l% D74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
) Y. h, }& N0 E( Q* Vpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 s, W3 \0 T+ vof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' C3 y9 c4 W/ i! X$ U(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ s. H, Y3 D: k- v4 B
Canada to the time of release;
: i4 E/ O8 T' I& Q; L8 M; V' P(b) the quantity released is less than the quantity in respect of which duties were paid;
8 O+ }4 |- K, S( w+ u& h(c) they are of a quality inferior to that in respect of which duties were paid;
6 M5 w0 c! k9 z* m+ |(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% U1 I' q9 u8 G- F; e' U
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 P+ n' n q1 y4 t3 k# f; y0 O/ ]5 Acase may be, was made in respect of those goods at the time they were accounted for under
# L1 g1 C0 {& x4 }& E7 Fsubsection 32(1), (3) or (5);
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* J t! M6 _, L# m& t(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
: d8 Z5 w( X) r0 Mpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 {2 x6 H7 a# b) Z; E0 n
accounted for under subsection 32(1), (3) or (5);6 W( Z1 o$ ?& I9 H
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
; B2 v: C; y& O6 e(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
/ {1 ?2 Z% D: X. w3 l* ^of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 `$ H: n0 r: ~! L3 G: T5 gvalue for duty in respect of the goods and the determination has not been the subject of a decision
$ U j$ v' t" dunder any of sections 59 to 61;) g' A1 s# D& G" E( R6 Q3 `2 L
(f) [not applicable to non-commercial goods];4 K$ a7 W, b. q
(g) the duties were overpaid or paid in error for any reason that may be prescribed.& I. E$ C8 L( M
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 D- x2 h2 v$ l- }: Y# fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of( _( P7 _8 F9 `/ v" m8 v, g
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).- n# A% f' `! R2 I% M
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) d# ^+ P' v" a) {
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.* a5 N- U1 ?2 w: c3 V
(3) No refund shall be granted under subsection (1) in respect of a claim unless
' l$ L& `3 v1 s) f- d- U(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
; F! O. p6 Z7 n N: qrespect of which the claim is made or otherwise verify the reason for the claim; and
; p/ g; e6 \6 Z: y' _/ _(b) an application for the refund, including such evidence in support of the application as may be$ B" k6 a w/ m- Q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the" ^6 ~5 _& `: r {2 x
prescribed information within
! W! y! V) Z3 V" L1 P6 W(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
! u, u8 [- H: Z) V! O: j6 y+ Ior (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
* `$ B! V# k% N, v(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& w7 z7 \* u: v U9 g" y% gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.% D- Z9 M, X5 e g
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* w' U: W2 ] _$ y2 H
this Act as if it were a re-determination under paragraph 59(1)(a) if
; N7 [ Z: i/ M ^1 F. `(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
- [2 G, ~: {- d9 ?9 Rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not Y' e: k) r3 |
eligible for preferential tariff treatment under a free trade agreement; or
6 L2 d9 p. U1 c& P& G/ X& ^2 b% I(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
' L' G0 U# R! ?9 Nbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
# ~, _ _( C8 }2 m# _incorrect. }* @$ K( b& M; J& U$ k
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),# r+ B0 {8 f6 C7 o0 q* j
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground1 W+ p. R( N$ p* t
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it/ v" K* }( X! t; Z
were a re-determination under this Act of origin, tariff classification or value for duty.
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6 l: c/ `% X! R; ?7 a7 l8 }这到底是说可以还是不可以啊? |
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