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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' @1 C) k0 e/ W. X
上面说 非商业 进口 可以免关税?) I! {! |( a" E
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests2 G8 N8 u T9 P4 D( A" g$ n
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# K6 t9 d; ^( H: a5 k/ V% N1 lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- H) l) C J6 s. Q& O( c2 hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 ?4 R: N+ Z. \- }) Z0 B(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to% ]0 f9 c$ Q: ]
Canada to the time of release;
2 |# C/ B Z/ P0 `; u& Q" F(b) the quantity released is less than the quantity in respect of which duties were paid;
8 w0 W, [7 ]& [& e! N0 k6 R(c) they are of a quality inferior to that in respect of which duties were paid;4 \+ u% l2 d5 @
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 X3 ^8 w7 O1 `8 @% x, t
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the. o! ^! a g' u8 l
case may be, was made in respect of those goods at the time they were accounted for under/ P0 H7 E4 p$ \# g9 y
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 for3 J; \' f# o A& U U5 x
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
: e8 J* V8 Y# W7 w( ?accounted for under subsection 32(1), (3) or (5);
7 b9 q4 m; \' r, V* t(d) the calculation of duties owing was based on a clerical, typographical or similar error;
" m7 R2 v2 Q" D5 X(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ a! ]) v+ ^8 \2 aof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. L0 f: _& N2 h$ Z' S/ P8 z+ y
value for duty in respect of the goods and the determination has not been the subject of a decision
7 T; J# Y5 H/ [1 R6 C" P( d- }under any of sections 59 to 61;
" c4 B3 ^# g5 Z# u0 u(f) [not applicable to non-commercial goods];" p: v% U( D- j
(g) the duties were overpaid or paid in error for any reason that may be prescribed.6 x5 H( Q5 z& N( }* i6 |! ~
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% \5 S; M$ S! q7 q3 f( D
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
7 @4 r% ]$ z) g3 Vthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
9 Z. m4 N w8 L) x2 ]! |4 U(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 R2 H' u: ]- D) q/ _5 kunless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 u- k! X0 Y) I
(3) No refund shall be granted under subsection (1) in respect of a claim unless1 A2 N6 C" R, g2 ^! v; s5 |
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
, s9 C' D# A, F9 }9 R# R V2 S" X0 yrespect of which the claim is made or otherwise verify the reason for the claim; and0 ?# x" |$ k* ^% S
(b) an application for the refund, including such evidence in support of the application as may be' n) T4 A% ]( R
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ W/ |! Y9 [. @( d4 H* i& L/ cprescribed information within
! T0 D; J8 C, |( k+ @(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
& @6 q- X, ]9 ?" Q1 yor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
( v# O2 A- }$ A) L! ?(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! {4 O ~9 J q2 hwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.8 A( s, Q% B R% m" t E0 J
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ `4 H: H' F+ Z( W# D' Q. Fthis Act as if it were a re-determination under paragraph 59(1)(a) if4 t) N1 M2 L$ }
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied: g$ K- T! i5 p( c- O& [6 W7 ~: |
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. q" V3 j4 X7 J/ T4 Geligible for preferential tariff treatment under a free trade agreement; or
/ }; G8 w! B$ f4 D# y(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
1 U E; v" @. B1 }+ C; V8 _, c2 xbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
+ j/ L6 W2 e) }2 X5 R% d- _incorrect.$ T' q( a \4 ~! c, n# q3 l+ w" [
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
/ l5 [; y, v. b* X2 w- l( _(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# d$ I6 ?, K& K: ~
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 j! z% {7 K) |, ^0 E4 C' `) f
were a re-determination under this Act of origin, tariff classification or value for duty.8 h; P- [, e- d/ l9 z
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这到底是说可以还是不可以啊? |
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