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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations; J6 A+ ~& l7 N( l$ d5 H4 n+ C
上面说 非商业 进口 可以免关税?" k; |5 J( g# n% W2 \. e/ d
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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( G0 t, U* V- e4 RRefund Requests
]& H& l* ]1 b; z2 n74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who. L! Y/ {0 `, S; U, i
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' ?. _& U+ ~& e: ]$ rof those duties, and the Minister may grant to that person a refund of all or part of those duties, if6 W3 ]% X* H2 e: U6 W
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ S. I. Z2 m b4 k! b+ z- x
Canada to the time of release;9 Y1 n8 `' T `9 s, Y ]7 U3 |
(b) the quantity released is less than the quantity in respect of which duties were paid;) y: Y% O; p9 m& F1 A9 E( P+ {# M
(c) they are of a quality inferior to that in respect of which duties were paid;0 @, H3 m& ?5 h8 t
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential! I8 R$ s: {8 O o0 Q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ D) }3 r6 J# Mcase may be, was made in respect of those goods at the time they were accounted for under6 m% |( v3 c) M/ A3 W
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for7 P: {+ Z6 m2 ^" T# n
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are1 {! j; v8 y5 n% `* R. W5 ~
accounted for under subsection 32(1), (3) or (5);
, v, n" H) l- w$ U+ u(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 J$ V. |; ]' e, ]- s4 a
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 b+ q6 [' P' j1 y1 O) Sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 L3 b/ ]* x6 \1 \0 R
value for duty in respect of the goods and the determination has not been the subject of a decision' P% W* Y) r) n! q
under any of sections 59 to 61;: p# r% i3 ^4 T% `+ m
(f) [not applicable to non-commercial goods];5 G& L3 @, T/ k, a |
(g) the duties were overpaid or paid in error for any reason that may be prescribed.9 G4 f8 D! U: V* Y9 O# F9 b/ ~
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
& ?. A* Y3 a# G5 E# s6 V+ s$ jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of% ~% G4 R- a* `$ P( c+ ^) ^# A
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 n+ R0 O3 h; s8 ?. ~. p/ [(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim7 y% s+ {. q4 G) z2 o {% y4 P4 C( X
unless written notice of the claim and the reason for it is given to an officer within the prescribed time., z9 U- S, v2 G9 h
(3) No refund shall be granted under subsection (1) in respect of a claim unless6 r$ d3 `# X: H0 z! C
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in0 s$ S# p3 d9 \1 W9 L k7 S6 M
respect of which the claim is made or otherwise verify the reason for the claim; and
' B- F8 [6 ]/ H0 h l; B8 p) n6 ](b) an application for the refund, including such evidence in support of the application as may be' k- U" E q$ G% H
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the8 @6 E6 u$ e& @7 Q
prescribed information within
$ q) i* h- R+ ~/ S$ C* S(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ s/ T( x" V z4 y" ~7 ^0 L9 B
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and/ e2 C' x4 A0 d1 e
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
- l- V h. f- H8 Bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., \9 {: h" l; z+ ^" P! F
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of# a8 L' o- z5 ~
this Act as if it were a re-determination under paragraph 59(1)(a) if
# X- B6 g) T$ K6 p/ |(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied2 G7 P7 y: E p& C6 r* ?
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
, V3 d% e- A C8 w: Q- A8 veligible for preferential tariff treatment under a free trade agreement; or* r' _ T S9 z; c# O8 G7 _
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
8 g& [8 |% \- ~3 H) W% t% fbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
5 Y$ }/ ?6 B6 B) X8 ~2 j8 M/ p' gincorrect.' J4 N6 b( {* s+ t" U5 Q. I, \
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) {* [1 S" L2 g: q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ v5 f3 N3 w0 G2 H; r1 F" }
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) k$ C o; d6 j5 z( e
were a re-determination under this Act of origin, tariff classification or value for duty.
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3 x) P% [6 F' o4 m这到底是说可以还是不可以啊? |
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