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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 ~1 |3 ?5 U4 i5 d& q
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
0 D0 j7 [# u7 l6 u% [; ]74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! ?+ v; Y, f7 h0 j! E* R
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part& o( z2 c9 j7 i+ E5 O& ^7 x; n
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 h2 N: b! h6 H4 B) @0 t5 Q0 K+ _(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
9 ?* o: l7 N) hCanada to the time of release;
; V# C. o8 |$ @- u* f. G# C* h- r(b) the quantity released is less than the quantity in respect of which duties were paid;; p9 v1 g9 P; h! c; ]2 F* P7 G
(c) they are of a quality inferior to that in respect of which duties were paid;5 g: P |2 F& A" g, I0 S
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 M9 D5 r, `# k, K5 T, F
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; M2 H( c% e' {. c, U D. I$ S
case may be, was made in respect of those goods at the time they were accounted for under, |0 p# c+ f$ Z* L4 l- P, |$ Q3 Z, x
subsection 32(1), (3) or (5);9 N. q% G3 g8 {5 Z9 i4 G
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for/ O7 d# I1 ?( H5 T( N( B
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
# c0 B2 {1 Z5 S2 e& Waccounted for under subsection 32(1), (3) or (5);9 @) h5 A+ K+ ?# N
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
0 C! _0 j9 M! f Y(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 |3 f( @1 B& E+ I# H0 Z
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% V9 y" W0 z6 Nvalue for duty in respect of the goods and the determination has not been the subject of a decision% |$ _( s8 ~( n+ d" ]% Z
under any of sections 59 to 61;# `9 G% C* I- e( m
(f) [not applicable to non-commercial goods];& v, m8 U3 L" e) M* S5 W0 Y( x5 ]4 l
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
d" D) U$ @, A0 }(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
) d9 x ~6 w @# ton tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
; m" C, F' M+ ]1 N4 v1 a! E. D" Ythis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
# i3 ~( S9 L- k: R$ I# ~/ @1 c(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
2 {( W# {! u1 ~, Zunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
: a4 ~0 t- H9 M% W6 p9 l+ \( n+ o(3) No refund shall be granted under subsection (1) in respect of a claim unless
1 w& Q! l( o# v! v- x" l5 G(a) the person making the claim affords an officer reasonable opportunity to examine the goods in+ w$ N! | J7 n1 n8 I, X6 L
respect of which the claim is made or otherwise verify the reason for the claim; and
* ]% M$ w; a/ V$ t- |" N(b) an application for the refund, including such evidence in support of the application as may be
1 @$ B: A1 P4 A U9 n& iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
. l5 m, Z5 W8 T, N, U+ r$ b! dprescribed information within
8 _( C2 `5 @! j0 O1 J7 s1 R(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
' F9 r+ {. ]/ v2 e8 `$ H* u& q& |or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 s/ N/ z5 f3 ~+ f/ C
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
. O% p* t, s8 M7 m2 P' h) ~8 o6 ~were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
0 g% P3 C4 L7 |% h(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of$ c g/ [4 B' O, `9 B
this Act as if it were a re-determination under paragraph 59(1)(a) if: G& ]6 [) b# T( N9 }( P+ q- D$ c5 I
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied4 z t9 }* |9 I, k3 K
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not# y& T( c& o0 e; r
eligible for preferential tariff treatment under a free trade agreement; or
3 J1 W8 d m0 |5 x" o7 }(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ o1 d6 |5 i* _) y. I
because the origin, tariff classification or value for duty of the goods as claimed in the application is
0 Q& u* r2 n: ]5 b7 Fincorrect., k: h( }7 c+ u
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- a2 s& b/ H; q9 z1 i' z* u( s(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground" O+ v' U0 ^: T
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
" j7 K) d. o( N6 Lwere a re-determination under this Act of origin, tariff classification or value for duty.
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% Q9 B! J" J7 y, V6 }; q这到底是说可以还是不可以啊? |
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