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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations) b: e. h4 p0 w% Q! C
上面说 非商业 进口 可以免关税?
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! t/ X6 \3 \3 ^ q9 A: E$ yhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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+ ]5 o5 e; z2 T5 ], VRefund Requests
" O+ m; {4 t/ c2 j; N7 v. D: J74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who; T, a0 p% o" y# ^
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ f& ]5 T }8 I8 o- q* c
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if! f) ]- A6 B0 x' A2 y
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
0 j' ?4 e( L( w" h, E, R& V% G3 [3 UCanada to the time of release;
! m" |- r) ?" ]4 e(b) the quantity released is less than the quantity in respect of which duties were paid;' J" Z% b% I% |- F
(c) they are of a quality inferior to that in respect of which duties were paid;; B- Y& m+ X' q0 ^+ d6 o1 Q
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
6 u: _0 ^1 ^0 Etariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the7 L8 [$ I6 u. p+ K. \
case may be, was made in respect of those goods at the time they were accounted for under
+ t6 n) m2 @+ h* X, X1 ?subsection 32(1), (3) or (5);* b8 X; X* `9 c" @
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for! U( v9 H( H, V3 a0 B2 J. z
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are: s" o, r$ l4 n7 M
accounted for under subsection 32(1), (3) or (5);/ y/ E0 ]4 A2 i6 M3 H. B3 t
(d) the calculation of duties owing was based on a clerical, typographical or similar error;5 S! p- ~: V: [4 c! M+ m3 l/ }
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 f0 _- H5 P, D. ~+ N* f+ P
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
4 |0 n# B# z# m3 ]/ N! A% m" x+ Evalue for duty in respect of the goods and the determination has not been the subject of a decision0 c0 i6 D g& t+ S& q- m: S9 |$ @% D
under any of sections 59 to 61;( f1 i9 Q6 ]5 G; e1 C" A9 `
(f) [not applicable to non-commercial goods];) _& f& p6 j- n& o; _& }! P/ q8 x- l
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# ]' F( O" \3 B. s: K(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
- U# ^# p6 c# O& a2 J- Jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of4 X- q, g: y/ }) c0 B l& D
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. Y7 h+ }' @* v) c
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
% c, {, k# S k6 ^' e; Punless written notice of the claim and the reason for it is given to an officer within the prescribed time./ @5 [- V( V$ Z7 h9 a
(3) No refund shall be granted under subsection (1) in respect of a claim unless9 p" D }6 |! W+ G E+ S2 b
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
4 h1 ^7 T9 y8 U4 prespect of which the claim is made or otherwise verify the reason for the claim; and
V/ J0 w; B+ x* R) a(b) an application for the refund, including such evidence in support of the application as may be
* a# U8 M8 R. t5 K; M+ I! Wprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
% T7 E9 q! g4 s% d- l$ Cprescribed information within
0 C/ {: P* \: v; o(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ k3 T8 d& b( U
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
0 b% W) a* @; I* d9 }+ V, O(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
0 Y* e$ Y [# t( P! a& a- ~" @were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.7 H5 y7 \. q# f, ~8 U6 t3 f j! T
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of5 R' z, v9 K, S6 Y
this Act as if it were a re-determination under paragraph 59(1)(a) if
% X: G) m4 i$ Q, }* F( I; I) o(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
. y4 T" C5 b% C# |4 i- N: T9 Nbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
+ @; V. H8 ^4 J q: h% t9 meligible for preferential tariff treatment under a free trade agreement; or& t h2 w0 ]0 x3 |
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied' L0 y: X; E' d0 G6 `$ K6 [
because the origin, tariff classification or value for duty of the goods as claimed in the application is# F6 b% N2 h4 f& h2 r! \6 F& \
incorrect.% ^/ Z1 f7 A' D6 a n6 [3 `" Z
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) i4 [7 x2 }0 z# ?" V(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground* T" s. e9 p; u7 ?
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it( I n/ k$ v' p; }# ~/ f" A3 v
were a re-determination under this Act of origin, tariff classification or value for duty.
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