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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
U' ]* s, b) `+ x4 a* n! l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+ i5 A! K! D1 }$ Y8 f' v+ ?- w
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4 O& L' ^* P) B9 p# G% xRefund Requests
" h1 A* W. _) N# a% y0 e74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ ], p/ j G9 [4 o$ M0 bpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part7 [, H7 U1 P# Z4 j1 [; ~
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if9 x+ o' g' V( w
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ |/ t" ] \- A8 C8 k) m9 q& F% b5 q
Canada to the time of release;
9 T; H* }7 j8 m d5 a, q(b) the quantity released is less than the quantity in respect of which duties were paid;8 `4 S v/ b" z% j
(c) they are of a quality inferior to that in respect of which duties were paid;" i/ U; W E1 L1 C
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential$ a' a: [4 @$ i1 e0 u4 N, V. v
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 e" E# k2 M; o- q
case may be, was made in respect of those goods at the time they were accounted for under
0 g4 v Z' X, f p+ \. x6 i. ?subsection 32(1), (3) or (5);' A$ x! `- F0 t" O5 j) C/ t2 A2 _
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 B. U. a5 D5 G! A6 |, |) Y6 t6 P
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are7 e: N7 m- w/ N8 N4 t9 M2 }% }. f
accounted for under subsection 32(1), (3) or (5);; D' U+ Q" \9 l% F
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
& }& {9 C( B# d+ q3 o4 e/ |5 @. d/ G% m(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)' e, z4 X M0 d. y
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 }( P; @: [/ o! d/ Q g
value for duty in respect of the goods and the determination has not been the subject of a decision' H" w- @/ V. v/ `. u0 ~' {5 c
under any of sections 59 to 61;1 b/ h: l, c$ T- P4 d+ C2 U
(f) [not applicable to non-commercial goods];
7 X/ `( |1 L k4 x: U(g) the duties were overpaid or paid in error for any reason that may be prescribed.
) H; _2 k2 o9 B/ G y(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
, Y; F! q& t. v1 J5 r6 |on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
3 N& B I8 O1 \4 R ?$ D- Vthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).( Y' S0 n5 J/ T8 {( U
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim* x' l! f3 q1 Q' X
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 }- C! n" D+ {0 f, r) t' m(3) No refund shall be granted under subsection (1) in respect of a claim unless6 |3 z9 [# e2 p3 o$ Z
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) f4 V( G+ {% i! h; C0 X) Xrespect of which the claim is made or otherwise verify the reason for the claim; and
% \& C* ]9 `5 F# {2 J: o(b) an application for the refund, including such evidence in support of the application as may be; z) s( J! a2 B5 U7 ~( r5 H& m8 }
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# y! d4 ~7 T- e9 Yprescribed information within
' Y6 W0 p2 e( }8 L4 Y; z# p(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
% C- I6 E- a5 j/ f4 D, c) Y) J$ _or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and- J! f" ~4 a: |2 {8 H; A
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods0 @0 A+ h8 C% ]# ?
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 R7 v' a3 y! u(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" W4 d1 u. U: a! i5 q
this Act as if it were a re-determination under paragraph 59(1)(a) if: A3 x7 z/ `; b. Y+ d( h: F6 ^
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( B# X: e1 u0 N! Wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 f' H" B/ w: n1 G8 M! peligible for preferential tariff treatment under a free trade agreement; or
# F0 D/ Z- m8 }2 K2 S: f- N(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ m- K" C% M/ M8 Fbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
# ~, X/ e& S# ]1 U+ q% J, hincorrect.
. g/ I7 r) Y6 A j* v: E) Q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),; w& i+ h7 J. m0 y
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# c, @) Y; O2 y8 w9 [
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) J) U$ c7 V5 i0 s# n7 x; `
were a re-determination under this Act of origin, tariff classification or value for duty.
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: R4 i8 v2 b; H6 A8 ~4 ?这到底是说可以还是不可以啊? |
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