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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations1 I# ~- \ |0 e0 r
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.pdf1 a, S# M# P( w. n
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( X" \3 t: T2 D I8 b. h! uRefund Requests
$ A2 [) K, C( @74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 x7 I! @: G% I
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part, _3 q0 m" b; Y+ F0 X+ T
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
( Z) A% G: F5 h' \# z# k- R5 ~) }8 H, o(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to" i9 G6 \$ H9 z
Canada to the time of release;
7 [4 o$ Z) H- a B: W# O(b) the quantity released is less than the quantity in respect of which duties were paid;3 o+ d" i7 D* n2 V1 U
(c) they are of a quality inferior to that in respect of which duties were paid;/ } T5 l3 A `+ B' i# S
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ y2 H7 X4 r" p6 m1 q! _( @8 Wtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ l2 B6 l0 u( J$ v' s9 y* x
case may be, was made in respect of those goods at the time they were accounted for under5 Z2 j4 t8 z5 e- Y; Q
subsection 32(1), (3) or (5);
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. L F8 G' b5 `6 l* \, s3 `(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
5 H, V; ~ m$ h! H7 e5 I. Q' Dpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
7 k {1 S# ? Gaccounted for under subsection 32(1), (3) or (5);
* c# u1 A; C' z' f7 ~(d) the calculation of duties owing was based on a clerical, typographical or similar error;
" Y: L5 L/ C0 [; Y6 k(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2); W" W. \( N* W4 k! a5 R6 `2 t9 U
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, t. c! E- c6 V2 {
value for duty in respect of the goods and the determination has not been the subject of a decision$ V/ t0 S( ^% D
under any of sections 59 to 61;4 j3 E* }& _7 ]# ^" @, h9 i$ {
(f) [not applicable to non-commercial goods];- _* A% R8 S! W* m1 Z! Q* c
(g) the duties were overpaid or paid in error for any reason that may be prescribed.. x5 p; Y2 s% |5 Z; s$ w1 v
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based: b8 m6 D, c4 Q! W
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of8 e/ j/ ?9 u) _: ^7 ]% G; L
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ k# Z V& f( x7 B. N9 |% p0 E) s(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
3 S# N) M5 w5 Eunless written notice of the claim and the reason for it is given to an officer within the prescribed time.$ y1 Q$ f2 b/ [2 [
(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 p- F& `1 ` P# L+ F: Q {(a) the person making the claim affords an officer reasonable opportunity to examine the goods in1 `* e5 z3 B" |) c3 k v8 r
respect of which the claim is made or otherwise verify the reason for the claim; and' _1 ^; z9 a6 @7 i5 W' m/ N# k
(b) an application for the refund, including such evidence in support of the application as may be
; W$ G- r6 u; B/ r) s5 oprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: D+ {' C6 }9 v' c7 s3 fprescribed information within
6 w9 ^/ L; `6 e* o: ~2 e(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): F* Q7 F& R& l ~; C3 w
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and+ i, H/ Y" A6 V1 o. S
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 t& T7 Q7 H: ~! x4 q0 P
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 @' ^/ K. x" S2 l(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 P# B% P- `+ ]" D0 h. @$ o
this Act as if it were a re-determination under paragraph 59(1)(a) if
9 c* w3 w2 U8 I! g' I: K! M/ l(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
/ W9 m7 B) v2 y% I' u9 L/ F+ K4 ?because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ f; h+ Z( F5 R% \9 |) @eligible for preferential tariff treatment under a free trade agreement; or& Q( C4 z# q, A( ~
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied$ P8 K2 @# h5 P- V: ~
because the origin, tariff classification or value for duty of the goods as claimed in the application is
9 ]$ u1 r: g9 v" M. N1 z9 Kincorrect.6 S1 Z& y/ a D) P1 d- v
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ ~' e3 _& I) O' R# [3 e; p6 [(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- ^: K8 W! i) a; I1 V. L3 ?
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it1 S3 A" y! ?. s' S3 r5 Q
were a re-determination under this Act of origin, tariff classification or value for duty.- z% l3 R, U. _9 N8 m, J( {
) m, ^9 g. d3 G* ^5 [这到底是说可以还是不可以啊? |
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