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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations( k2 h$ f' {4 z0 {. \
上面说 非商业 进口 可以免关税?! o/ I6 H5 a5 i) y1 L3 r8 H( ~
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests: P( j0 s7 t4 J5 N" r+ B( `
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# ] }) u w2 npaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 A4 `1 }0 m! ?$ F9 gof those duties, and the Minister may grant to that person a refund of all or part of those duties, if) G- j$ B: R' T1 W; \
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
- ~0 j! L& Q' eCanada to the time of release;
1 h9 ?0 T3 p6 b) l(b) the quantity released is less than the quantity in respect of which duties were paid;7 p9 s& S. j* I' y, Z
(c) they are of a quality inferior to that in respect of which duties were paid;
4 C2 c4 u) M# M& L# X0 l3 ^ x6 S(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( R, P- `) c0 t9 Q+ y1 S* H
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 N% O- a' ?, A; S8 Ecase may be, was made in respect of those goods at the time they were accounted for under
' W+ j1 d' i! y3 s2 X/ H' W0 }0 ]subsection 32(1), (3) or (5);$ K2 y/ r3 p: P$ V* U \9 U0 [! _
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- l: R9 `3 [6 {# C% R# f7 r" U(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
, l* V- n% Q- z% e2 P6 d; Opreferential tariff treatment under CIFTA was made in respect of those goods at the time they are' d4 E. X: ^- N' _ D
accounted for under subsection 32(1), (3) or (5);
/ `) T( o3 I: q+ v1 Y$ Y9 V(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 D9 B- q+ D/ H# t+ w(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. p/ w/ j$ s/ F3 L u @of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: ^3 f1 k8 B/ E4 X* Hvalue for duty in respect of the goods and the determination has not been the subject of a decision4 I- W: K O) ?2 I
under any of sections 59 to 61;9 _( Z! x+ m6 S! T: N% {7 R4 [
(f) [not applicable to non-commercial goods];$ s: D% u" _1 ~ N
(g) the duties were overpaid or paid in error for any reason that may be prescribed.3 F) ~" x2 I" h6 ^2 U" u" a
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: s3 l4 n* m& |! C
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
" K7 R' x4 m V6 n# m9 {7 @this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
% v8 n" Z! q% X: s! g$ s: P(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- S) a4 K1 T( m7 Z. D. N
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
1 l: G p$ ~! e+ k7 V" l2 X2 X(3) No refund shall be granted under subsection (1) in respect of a claim unless
' `( z- @( P2 {. i( r' d% Y1 d(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: z6 \+ a/ q3 z8 k& c
respect of which the claim is made or otherwise verify the reason for the claim; and
W I% d6 \. t6 [2 k& O) h1 R(b) an application for the refund, including such evidence in support of the application as may be& k, s) C( l& {8 |/ P- j- ~
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the. R& w) i* R& t0 a7 r; T) f
prescribed information within& G7 I) e6 w; u ]# W( O& \5 ?
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
- U; H) t& T& l. \or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, B# p5 @) ?: R4 u/ g& O(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods8 |3 q9 w2 c$ a. A( w6 p4 u, e
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
: g2 N) B: m: h(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
7 A% ^' l& `. l; Othis Act as if it were a re-determination under paragraph 59(1)(a) if
! n1 }5 H0 w. F: p7 |" W8 T5 c(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
. T* K9 o y* z6 a- [0 ^6 J abecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not7 f; B/ V2 M! R. M' v& F) m' ]
eligible for preferential tariff treatment under a free trade agreement; or+ R1 ?7 r2 e% `8 K
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: T ?2 V, ~6 T- ^because the origin, tariff classification or value for duty of the goods as claimed in the application is# |5 S& B- O, l8 x
incorrect.7 t k5 p4 G! n! |- c7 Q- u
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),0 ~2 E! ?; a1 K) z0 [" x4 {) b
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground, N) ]1 h! p- y% Y! _ z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it6 U: s# V$ ^ F* ?
were a re-determination under this Act of origin, tariff classification or value for duty.
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8 Z! p2 s" w' L* t* O8 [0 a7 g, z这到底是说可以还是不可以啊? |
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