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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations! n0 k$ w8 S, P( P
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/ X! D8 N, l: L. c+ [" k8 S
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 I; T. ^/ ~5 }& x8 kpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
& y# A' ?: w" j0 Bof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
1 {/ x+ O, u, L7 F, A(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ X1 O7 b0 S6 @0 S/ Q
Canada to the time of release;
* A* X0 @+ Y, q(b) the quantity released is less than the quantity in respect of which duties were paid;
0 t. X! g: I1 r* H% S3 x, }) H(c) they are of a quality inferior to that in respect of which duties were paid;4 `/ U0 ~% C, ^
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
& {, B4 j) z8 j9 S9 [6 jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
9 O0 }* e4 F, R8 d3 ^$ Ucase may be, was made in respect of those goods at the time they were accounted for under
7 ?! S, q* e- e [$ Rsubsection 32(1), (3) or (5);
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2 t0 ?* e0 {$ ]7 Z1 k3 ?(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for3 ]8 T, V7 {6 V9 N
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
4 ~6 X+ ]: \3 _& [accounted for under subsection 32(1), (3) or (5);
F+ f k! z, }, _% h5 |(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 E& c9 p0 z) M7 Z4 L: C(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% h, |( L6 c2 u: Q, P8 e% H4 pof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or8 [) n) s# A1 Z m4 r6 @; {' b& Q5 G
value for duty in respect of the goods and the determination has not been the subject of a decision' b- S: J5 Y% F0 w3 W
under any of sections 59 to 61;
9 |- U" u$ Q ?* N8 N(f) [not applicable to non-commercial goods];# y6 P3 k, x" T7 r! L k& a
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; W8 \, ?! q+ k) O# M' b(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 J1 r% E/ }! s! b( }% f) [on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of, d# X- Y! \2 g, D
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).5 k: T; [7 v! h
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; h* _1 [+ U/ e. a! A. xunless written notice of the claim and the reason for it is given to an officer within the prescribed time./ a, q8 A' g& n
(3) No refund shall be granted under subsection (1) in respect of a claim unless
4 a7 ]/ {5 m. f6 R( \$ f7 }$ P(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
, J o/ O0 n1 H; Lrespect of which the claim is made or otherwise verify the reason for the claim; and
# s7 ?/ e! d1 x(b) an application for the refund, including such evidence in support of the application as may be9 R& q9 Z7 f+ U6 i; x
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the- a. C8 T! h% h( M% o, ]- }
prescribed information within: t, Z# S. q! K5 e3 J
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ I+ l0 O3 H" V; wor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- q0 V5 J- B6 e# ](ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
+ X5 z2 O8 p' bwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' y7 W4 w+ T. x7 Q
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
* d$ g2 H: _# C" Tthis Act as if it were a re-determination under paragraph 59(1)(a) if% h8 |* G2 A: n' k) a- L+ w) m, Y$ N
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
6 s9 p9 U& [! J) A9 b5 J- X( gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not1 z& D/ H. y" K1 E( G- U
eligible for preferential tariff treatment under a free trade agreement; or" `( b4 z! E' N, l1 Q5 b- \: B; z. C
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% m* }0 ~- p% `* ~! I- i
because the origin, tariff classification or value for duty of the goods as claimed in the application is' Q+ J8 }, t9 {' N& C. B
incorrect./ R' V; y m% U6 w1 t* X
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ {8 R. t7 T" A' M7 P- |5 S' {7 ?(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 X. y7 i' F- n8 y( e' u+ X
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 H# f7 l$ A) X) N1 {' A9 I1 ]were a re-determination under this Act of origin, tariff classification or value for duty.& M, G C; \* p$ V/ b+ J6 t _! s
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这到底是说可以还是不可以啊? |
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