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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations4 l0 y2 A$ Z ]/ `8 B2 \8 M
上面说 非商业 进口 可以免关税?& `* M; Q3 g4 s1 B& y/ \
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2 B# t1 H6 } e4 S3 Nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf- `4 u6 I2 ?# b; W+ U) F' L+ d4 e
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3 L. x$ N7 a& k* ~7 PRefund Requests
+ {8 J$ X5 A- k) e, ~2 p* K74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! M8 G; q' N: g. ?2 Cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 S7 u& B9 L+ h& cof those duties, and the Minister may grant to that person a refund of all or part of those duties, if1 J' I" w0 u ]! @' \6 [, I* v
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) ^+ g8 m! J# }4 ICanada to the time of release;
: E r! N6 U( d/ J7 P, f! P(b) the quantity released is less than the quantity in respect of which duties were paid;
% Z7 N7 S) S- \(c) they are of a quality inferior to that in respect of which duties were paid;
9 S6 W& i2 T( e* I. X* m+ r& i(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) |, W3 }3 i5 ]3 z Ftariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& P& T4 S' `7 Y9 @
case may be, was made in respect of those goods at the time they were accounted for under; Z3 S% r7 y8 I6 @
subsection 32(1), (3) or (5);, A( Z' {! m/ T; y
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
; L; ^* d9 b+ [% Z7 i' Hpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
! ?" x+ W5 p6 F8 Baccounted for under subsection 32(1), (3) or (5);( z N ~* K# p r
(d) the calculation of duties owing was based on a clerical, typographical or similar error;# N& f# f5 f" u" [2 h# T
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% x2 m" }: B6 e6 c/ s" K" Y2 b0 k' G- Iof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 P O K, u `: o& @# R
value for duty in respect of the goods and the determination has not been the subject of a decision
# h$ @* M6 D9 l8 `/ gunder any of sections 59 to 61;* a& b/ ~, x* D
(f) [not applicable to non-commercial goods];
/ B# U0 p( o9 K5 x' B' O! V8 K" ?! B$ v% v(g) the duties were overpaid or paid in error for any reason that may be prescribed.; O1 R: g5 h, A8 s: c: U( @
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* E* a4 j' q7 f! Z# [0 u; e- [# Q
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of0 g8 o5 d5 ]9 u
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).0 i% S+ d0 c+ | s1 N
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
% f( ~6 u/ ]; Y# Z3 C9 t }1 Hunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 h/ _2 Z7 b$ G+ @(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 K7 |/ }3 \9 g4 O1 O' L(a) the person making the claim affords an officer reasonable opportunity to examine the goods in& J% o+ Q! Z- o+ ?
respect of which the claim is made or otherwise verify the reason for the claim; and# r( q9 Z" _- M' O. v% q
(b) an application for the refund, including such evidence in support of the application as may be
$ ]: _3 w3 y9 R0 K5 fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the& `1 w+ o$ x, Q' a; z; O
prescribed information within4 q' ]7 `2 q- s
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 @1 A6 o4 R \- l
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and8 W7 J. q/ I/ I7 I
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 } x# S1 n H$ {) H1 n# _% e
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
+ V4 @; R& f, k( e(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of& R( b' T: P. T
this Act as if it were a re-determination under paragraph 59(1)(a) if
) Z) s; w( ?# a! g. [' n, N(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied' X3 O. _! ]( w/ n$ u
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 q& O. K* X Q0 r) D! r' ]eligible for preferential tariff treatment under a free trade agreement; or
0 ?. K' d* M+ ^0 O(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
C" k0 Q$ w7 F- s/ o4 }5 ~because the origin, tariff classification or value for duty of the goods as claimed in the application is4 L' u/ `' |! \. {" R k* j0 I
incorrect.
8 b. u0 b5 ^) R4 x(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),6 @4 t' N7 L$ {2 Y7 Q% l6 ~
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 p/ a* L6 b O0 d2 d2 S7 ~other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it9 K$ F- Q; X" j8 h* }1 ^
were a re-determination under this Act of origin, tariff classification or value for duty.
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( _, u9 ?0 V- v% k9 C! l9 h7 E2 X: _这到底是说可以还是不可以啊? |
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