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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 `+ N l6 `% U+ a& y7 S8 y
上面说 非商业 进口 可以免关税?: y3 J# O$ A! C) J5 h. d
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" g) T- h8 s, M7 dhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf3 @+ Z5 f _$ u/ V
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Refund Requests
- P0 U% W# z( r. h" g! H* I74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
2 q6 l' E, A% p% v2 [paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ G' o" V1 Q& a, D! [, ~) W/ iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if$ D9 U( O/ n# [! T
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to3 J7 g) v$ e" N
Canada to the time of release;; U' ~/ l4 m- g2 {' G: _5 p! V* V8 o' N
(b) the quantity released is less than the quantity in respect of which duties were paid;9 l8 x1 ? n. U7 K! N# Y# a. }& k7 _+ a
(c) they are of a quality inferior to that in respect of which duties were paid;
. j. P4 ? E) |9 h(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential5 P, G" `$ E0 l( e& z7 V5 q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& a+ b' z& L( K' y) e
case may be, was made in respect of those goods at the time they were accounted for under/ A' E" k- g; ~; _0 `7 d
subsection 32(1), (3) or (5);9 q w( E. `) P r" t
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
0 ^+ K; @; z% V4 q9 fpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; e7 k9 f9 J5 u: N" h3 }: Waccounted for under subsection 32(1), (3) or (5);& {# h8 C, l8 T: x7 `
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
4 M6 s# W" k; [( A(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
+ N' E# x* M0 o5 d0 h6 L9 I, Hof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
$ i( R @7 {$ z( zvalue for duty in respect of the goods and the determination has not been the subject of a decision
7 ~# ^- Y7 M9 S/ P; \+ |under any of sections 59 to 61;
, }, H5 b3 w# a2 E(f) [not applicable to non-commercial goods];
" g3 B, Y. |' \$ d0 {(g) the duties were overpaid or paid in error for any reason that may be prescribed.4 v9 {- E" x8 i p y
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: O; @& v# ?) F8 f8 ~; O
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of k8 H) |1 d0 W- L
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
0 {* m3 {, V; I1 h; c+ ](2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim2 e& p$ Q& z1 w
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.. r2 \ d. E) K c: \$ n
(3) No refund shall be granted under subsection (1) in respect of a claim unless
. n( ?. R e; e2 H(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 {) S% E+ Q6 D V# c
respect of which the claim is made or otherwise verify the reason for the claim; and
f$ C# {2 J+ O+ e" \6 I(b) an application for the refund, including such evidence in support of the application as may be
. f9 M% }+ f4 T/ t4 Qprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ O) @: F, L% }' Y. [! O" Oprescribed information within
7 L) U6 \) S" ~. E$ U(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)1 h3 z% b( X$ Z. A( I
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: Z) ^" u: [! k(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& R( h7 E" t5 ^/ c$ ]& D2 g; l& Zwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
+ U f6 l8 L2 L0 w3 w: `(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of7 V) j+ H! G6 m" W. X
this Act as if it were a re-determination under paragraph 59(1)(a) if
* M9 T& F* W t' C( _' _: s% x! J0 B(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, e. v$ s# ?: s* m, v+ y6 c$ ]
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
! A: T- l& m& ]6 u( \3 c; @: b' Keligible for preferential tariff treatment under a free trade agreement; or
! Y/ D: { q- z& O3 C: {(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 r9 p+ [, E! Q6 r+ a F
because the origin, tariff classification or value for duty of the goods as claimed in the application is
; Z e: y5 Z% l* T; U) i( jincorrect.* \" x( D: a8 [8 u( P, L) W
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
5 U- U/ _1 u7 N" k3 Z+ n8 s! G* N(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground. {' `8 V I5 ^& p. |
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it% s F- C9 @ L& t5 M- u6 q
were a re-determination under this Act of origin, tariff classification or value for duty.' C6 r* m5 u# }. S
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这到底是说可以还是不可以啊? |
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