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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations( w8 x4 }/ U% M7 c; I' N
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
- h3 i7 T" G+ N! X- A( G% X74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
. {, O8 c7 m) d5 Cpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- Y# P# X# L1 K- ]2 c) sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
% [8 v2 B3 z/ g(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 S; y- J7 H9 _/ v. B% V2 r( ?6 M( e' dCanada to the time of release;6 V/ D# C# r2 w2 g+ [0 W4 X
(b) the quantity released is less than the quantity in respect of which duties were paid;' l4 K( L1 Z0 S* \0 q! M
(c) they are of a quality inferior to that in respect of which duties were paid;; r6 O9 d8 h8 P# o O) B
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 j8 J5 h; U0 K9 M5 |- }3 H" t2 c
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( c- S5 @ e9 B2 jcase may be, was made in respect of those goods at the time they were accounted for under
4 I9 E2 U7 E: `/ U* msubsection 32(1), (3) or (5);. d' G, r8 h% O' B/ x
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" |% @0 Z: `4 C(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for! \' l+ s: D. ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 |/ o1 t/ `( U9 Iaccounted for under subsection 32(1), (3) or (5);
5 W' L9 D+ B# J2 Q% B/ a3 {(d) the calculation of duties owing was based on a clerical, typographical or similar error;1 V. ~; e( y7 ^' X
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 w6 z& _6 n* Aof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 o. y5 M9 A$ T4 v+ H, ~2 tvalue for duty in respect of the goods and the determination has not been the subject of a decision
( f/ T2 @5 B& @under any of sections 59 to 61;2 x) v4 @, N# p( d& {, j
(f) [not applicable to non-commercial goods];: n8 l3 A- |: {& I' i Q/ m) L
(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 a: M, H7 v ^4 P$ p
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based& f2 r Z- L) W9 F0 _2 ]4 q
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ _+ | x. Z( |1 s
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).% @' t/ v2 U& \/ `
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
2 b# x6 M2 G- B, o' [unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
$ K/ Q3 r# o4 o/ S, v( a5 ~( j(3) No refund shall be granted under subsection (1) in respect of a claim unless% B7 [: \1 ]3 Q2 u0 T9 M; w! s
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 y6 }0 `# ~0 _! @respect of which the claim is made or otherwise verify the reason for the claim; and% Y! g% P% J$ {/ e$ t3 e" n
(b) an application for the refund, including such evidence in support of the application as may be& D& o* n Q0 u
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the k6 u7 f5 g# F8 q! a+ q# \0 H
prescribed information within2 G; u6 K2 [0 \! ?" s% U
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, y! Y7 K1 v+ ~( ~9 }or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
2 q0 D* c" I5 X# [ z: j(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
' Q# V( W: C- [5 F3 J6 nwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
: p# H% M; T4 y& z(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; q: y' ?$ T7 T# M- r# }this Act as if it were a re-determination under paragraph 59(1)(a) if: f5 ]. H: [- D" F: G o7 _, D$ ]
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; Z8 V! @% u& F# h- M0 b
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
) @* f% v& B( P3 Xeligible for preferential tariff treatment under a free trade agreement; or- P) _: Y* C: B: y0 O- W1 g
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ Q8 r( Z( T5 a( o
because the origin, tariff classification or value for duty of the goods as claimed in the application is
0 Q! ^6 S; B1 Wincorrect.) T! g* W- p( l
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
5 r! R% H% m. }1 M(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
q: J* t0 \& T" \! }/ N8 `# A% Dother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it. e2 w0 v" o2 h3 m$ ^- [
were a re-determination under this Act of origin, tariff classification or value for duty.
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3 k5 g _+ w% S& j8 j这到底是说可以还是不可以啊? |
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