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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations8 a# Z( b% z" y+ S s _
上面说 非商业 进口 可以免关税?) U% n+ R; K" `$ I& r
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! X" N& ]# X+ x) Z) I# r K- Rhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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) x2 }4 }: C" b6 ORefund Requests
! y- Y3 n2 N% ~! I4 O% p( l; P74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
z- c. p3 R: t, }paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
# B6 G0 j: _ b# wof those duties, and the Minister may grant to that person a refund of all or part of those duties, if! v% j4 p, |, K6 j$ x9 @
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
; t+ Q# Z( x' Z3 `" N4 P8 KCanada to the time of release;
& Z/ h) X6 `3 @7 F(b) the quantity released is less than the quantity in respect of which duties were paid;
4 ?9 q D! M I$ ^8 K0 i(c) they are of a quality inferior to that in respect of which duties were paid;
& X6 R( |0 K; E, a! J/ N- Y; \' |(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) @. N$ u* i) E: |; \3 btariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( h1 `$ A8 ~ U- W( Q
case may be, was made in respect of those goods at the time they were accounted for under) p. t2 _. U7 J: l
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
( j) R' g. S% H! O7 Cpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 J' S0 [7 X5 s3 t, W$ H! Kaccounted for under subsection 32(1), (3) or (5);: g& U/ Z( K5 S8 @5 @2 t7 N1 U. s
(d) the calculation of duties owing was based on a clerical, typographical or similar error;8 M2 |. V" s8 X) W* i1 Q
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)9 M( {/ n) _) U' [% J* `. x
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. j5 K8 q1 N0 S1 u
value for duty in respect of the goods and the determination has not been the subject of a decision+ j7 B+ L, L) ]2 ?2 h
under any of sections 59 to 61;
9 N# y7 F/ r/ N5 N3 t* @ U% \(f) [not applicable to non-commercial goods];- t0 C2 E6 V# d% A: s$ g! V; [
(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 A7 ]+ v, p' _/ T
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" Q- K0 K, u S/ D1 `# eon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
0 B, }- `7 {9 vthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
/ o4 |3 n8 p1 F* M2 ]0 Z0 y(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; e8 r) V6 D p" k1 W. Lunless written notice of the claim and the reason for it is given to an officer within the prescribed time.- V/ X' c5 [! w! m- b
(3) No refund shall be granted under subsection (1) in respect of a claim unless' s: m4 `2 E0 C* W
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( _; s# a2 g" b# p( ~respect of which the claim is made or otherwise verify the reason for the claim; and3 h1 _7 n' h3 ^
(b) an application for the refund, including such evidence in support of the application as may be4 m$ P; O9 Y( h; w
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# Q5 |5 s! [0 ?. vprescribed information within
) p3 Q& j/ X/ B7 C# I, U7 B* w4 ~* w(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* |! A C4 `$ C$ S
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
2 C" D4 h! B/ @4 V(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& |; C) N# Z) r. O% N
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
0 a; {; l# k# r7 N) A1 g8 m(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, `2 e1 d, z) ]- k" B2 w- R2 @" |
this Act as if it were a re-determination under paragraph 59(1)(a) if
. D! i% U: y/ K- i/ }0 x, J(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied7 |- C' n% m, @9 n
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not: `0 Q. j: V# I$ ^- W9 q! Y5 R9 n
eligible for preferential tariff treatment under a free trade agreement; or7 Q4 L+ s- T8 Z7 h* \
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: s5 N" o* X# R+ _# I" R$ r9 p1 ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is
- `9 \) ?7 R8 k ~1 k6 ]2 ^& A6 \incorrect.
1 a1 `9 z# U1 |! M, X/ d2 W(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) N% q- b, A8 z' |' k(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' K2 @* v: p: Y( c% W' g1 m V* _
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" _ ~* S2 V0 |+ e- e& J# i2 R/ x
were 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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