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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations0 c5 D$ ~2 m0 j' w
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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6 V* U; x2 Z+ {7 Q( Q) xRefund Requests
# y" s5 _" h, v9 w74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who& [$ P. ?# \: F" U
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part! v2 q# h# ]: x1 y% x
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if9 }2 t: H( N7 c2 y7 {( [
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
8 x3 y1 u0 H. M4 _Canada to the time of release;; r; K# u( Q$ z# Z4 T' Q/ u6 Y
(b) the quantity released is less than the quantity in respect of which duties were paid;" p* r! Q0 n. E
(c) they are of a quality inferior to that in respect of which duties were paid;
2 p" w) f: a3 @) R0 o' a(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* q) Y% h" e8 Y4 dtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the& S4 `1 q$ K7 _# v/ c
case may be, was made in respect of those goods at the time they were accounted for under3 S6 X7 D/ M6 v6 M) A: s Y6 g& e
subsection 32(1), (3) or (5);; v; ^" ~ K& B9 ?
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
4 s7 T1 n: Z+ ?0 }# ~5 p$ I5 gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
7 f# z% I8 d9 zaccounted for under subsection 32(1), (3) or (5);
7 E, ]" @ q/ I% N* l(d) the calculation of duties owing was based on a clerical, typographical or similar error;7 O; n$ ~' Y( P/ e# \. q, g
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)% O8 {0 M2 Y% U2 ^* P" ^7 }
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 G% d. i7 e% N- c6 Q8 u+ Z
value for duty in respect of the goods and the determination has not been the subject of a decision( }' A9 P; k0 N9 t/ G0 U7 d
under any of sections 59 to 61;$ }' @) a; \! e& }7 _
(f) [not applicable to non-commercial goods];
* c" _# D0 u; Y: j# X: y4 z(g) the duties were overpaid or paid in error for any reason that may be prescribed. X& S8 I0 h1 x ~! z1 r {6 j
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
& N7 N; \+ F5 ^( {; Kon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) |$ u% Z7 N: t9 w0 I3 l, [# h
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 k; g4 } b4 T: F- p7 u! \
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
( [( X# l0 C: y9 Dunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
# Q3 \# H( u$ z# `; x2 a. u1 P# U(3) No refund shall be granted under subsection (1) in respect of a claim unless! }6 N1 O; ?2 A
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( X) S' {: v5 D7 `# b# Jrespect of which the claim is made or otherwise verify the reason for the claim; and
# K# ~) m0 D+ v(b) an application for the refund, including such evidence in support of the application as may be
/ t7 V2 K _9 q; xprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, h( i6 C0 E5 v1 Q7 Q) pprescribed information within D% M5 C* w$ t T7 Z; u
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f), a, u4 h$ b' h0 c H( e5 T
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 V; B5 Y/ T @
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! \9 p* S( A+ f8 @/ b6 n, dwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
8 q1 F, h& E6 G( F1 K+ n(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
8 o( P+ c; K( K5 S! Dthis Act as if it were a re-determination under paragraph 59(1)(a) if
; e% Z* O4 D9 }3 U% s(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied: G. j& i6 I3 ]% P2 g
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
( D2 G4 @4 |6 ] Peligible for preferential tariff treatment under a free trade agreement; or
2 l2 H4 Y- x' u0 j(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied# ?. s, u+ A& L+ u( a
because the origin, tariff classification or value for duty of the goods as claimed in the application is. Y r" H9 P8 I
incorrect.
* G( q6 H7 Q5 v(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
( f4 y" x4 u5 e! @* P9 u! B(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground! G4 ]: Y# u& P1 ?; |4 [5 Z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
# E# [% z, O+ r* {& F. wwere a re-determination under this Act of origin, tariff classification or value for duty.8 t& \1 C7 u% T& P" `' i* t* G- h
8 X: S5 r. S0 K9 P2 A! V0 `这到底是说可以还是不可以啊? |
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