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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
+ f5 N/ \8 S7 D8 |6 M1 E" i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) \6 F% K' I) g3 T7 ?9 g
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: Q7 f. J" I0 j( k) p; }paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part4 B/ j* t6 Q% `) a8 [& e
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if( `# G+ B, }; r
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to% A! t6 l* i, [3 Z
Canada to the time of release;4 ?) K2 s! t. C( }: I
(b) the quantity released is less than the quantity in respect of which duties were paid;
/ C9 w8 H* m8 r2 }; N7 ^6 K(c) they are of a quality inferior to that in respect of which duties were paid;
! [5 L( f1 V6 H(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- w7 I: f; P+ k- W+ i, E* \" |+ Xtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 p6 i. T& m; G; Y
case may be, was made in respect of those goods at the time they were accounted for under
; x9 Q3 K0 |2 ~( u. I1 \/ gsubsection 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
4 a; q& y; ?7 g/ v' z6 k! V1 ]/ Epreferential tariff treatment under CIFTA was made in respect of those goods at the time they are. z) ^9 e% J) X3 m
accounted for under subsection 32(1), (3) or (5);
* `" S3 \- Q- a(d) the calculation of duties owing was based on a clerical, typographical or similar error;
) x6 f* `0 D/ J& m$ G2 h9 V1 P(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
4 R! R4 X0 Y3 rof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 Q6 R; ~1 [* j5 l8 e# |, Ovalue for duty in respect of the goods and the determination has not been the subject of a decision
* n* {1 n `+ C" U1 X' |/ |, nunder any of sections 59 to 61;2 L7 o9 f7 h$ I% G9 X/ ^) {# x
(f) [not applicable to non-commercial goods];# D. k) k0 v; z6 t
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, y' A9 G5 S( n. d$ B5 Q& x(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
) g0 H x: F. {( k% Jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of3 G* b8 S/ Q+ v# L5 |- U, n! l1 O& c
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).8 F$ `# Y& N, g* Q" ^% R
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 H6 [$ L( D- V$ K; j, O9 B
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
! f! Y; E( u0 O' c; ]* g# J' N/ v3 ~(3) No refund shall be granted under subsection (1) in respect of a claim unless: j/ o. n- N0 _6 M' Y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
1 q V( A0 u. V0 Y# y' l( V9 o( Prespect of which the claim is made or otherwise verify the reason for the claim; and/ }$ s, c6 c6 I$ m2 I
(b) an application for the refund, including such evidence in support of the application as may be" H4 f7 k o* S7 p& g
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% n/ p7 g/ }% u% s
prescribed information within& C# \7 p$ T; b4 M8 g! f0 o0 a: M# L7 {
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)1 _2 a# J6 k) k y! |: T
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- [/ m L' Z4 [) R$ M* G6 I1 f(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
2 ]( S7 d7 P9 a! r0 n6 \were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.# F' T6 u2 g8 H& w$ z# g* O
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 T6 E9 O( d& s; ]& f
this Act as if it were a re-determination under paragraph 59(1)(a) if
]# N+ w* ?% x0 D1 }(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied0 m" T9 e4 n% J: r
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 a0 D2 t3 i6 b& t$ E; Religible for preferential tariff treatment under a free trade agreement; or$ F( D0 P* W. G3 g1 ?6 t
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied J: w4 \+ Z& i! _7 L' T3 c
because the origin, tariff classification or value for duty of the goods as claimed in the application is
. Y7 u6 L& [+ Iincorrect.
6 U8 u8 ]- \: I! c" T5 ]' a(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),/ T1 c: e7 X7 r" c9 G5 G
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
) Z3 ^: f2 U4 r) z% t- |other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it( a! {! c& P% h# @0 [" g3 G
were a re-determination under this Act of origin, tariff classification or value for duty., @0 b8 u# H' u; m* u+ o) n
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这到底是说可以还是不可以啊? |
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