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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
6 T) x6 i7 Y) I2 ~& Y上面说 非商业 进口 可以免关税?0 u/ R' W/ A9 c& B0 T [
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf1 {4 r: p0 ~9 R, B# r5 @& I
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( ] k# ^6 N0 U/ s/ ^' r" XRefund Requests
2 B% v2 B( D. M/ V+ b74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who/ y" B: A! ^5 j1 ^. I
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
. W @% Z9 \- b$ `of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
6 F8 j2 ?6 l3 \4 G, G+ Z; Q(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
% N4 q+ y0 z! i3 H8 ]Canada to the time of release;9 v1 F( ]% A5 C' G% o1 k9 J
(b) the quantity released is less than the quantity in respect of which duties were paid;
/ |$ A$ `. k; q% ](c) they are of a quality inferior to that in respect of which duties were paid;
2 A# ^( D6 C* }9 E& j(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* r3 i" A3 ~' D4 v6 `tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 }- P; C6 f0 e9 ]7 x: J" p1 b0 U
case may be, was made in respect of those goods at the time they were accounted for under
5 Q0 z) D, f0 [% T; ?( i1 N; tsubsection 32(1), (3) or (5);8 {2 d3 r, w3 c x* A4 a2 l! V
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
6 V; d3 ^3 y2 H4 cpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
: W) z( O3 M/ maccounted for under subsection 32(1), (3) or (5);+ [! m# @9 q z- h
(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 D0 v" \4 V/ x2 Y0 A) \& T8 C' |
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)% t$ T1 f1 y0 \8 a1 R& U
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
5 h3 d% p# {) K, ]. [" {value for duty in respect of the goods and the determination has not been the subject of a decision
! Z O4 q i7 c6 k" g3 b# xunder any of sections 59 to 61;6 W8 H$ K6 w9 ~8 \9 Y# e3 H
(f) [not applicable to non-commercial goods];, C# N& {) g0 C6 M' w/ {' }
(g) the duties were overpaid or paid in error for any reason that may be prescribed.+ q1 ]: z9 r+ n8 g& y: M! n! N# O
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
$ [. x) H2 Q: Hon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of* [0 |) m9 @8 q
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
4 ]+ M: g( L7 ~; |+ C(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim+ W& |& {. _! U7 Y# u
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.4 R( l6 {7 ^6 w- J. j% l
(3) No refund shall be granted under subsection (1) in respect of a claim unless# c/ b3 w9 N7 p
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in* T4 C- N8 J1 ?! c7 T. b
respect of which the claim is made or otherwise verify the reason for the claim; and* d4 B* C+ r5 R9 S9 j; }6 y
(b) an application for the refund, including such evidence in support of the application as may be
7 \0 x( H$ _( J, Q9 d: jprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the3 H7 T# f+ K1 u' e- e( }* b$ e
prescribed information within, k4 U: d9 Z9 A7 X) o8 j3 ]4 Y
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)) ?, ] Q2 M. f4 Q
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and* D, V1 D u$ h
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods. B8 n3 {$ P$ ^/ g' I
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
- O* V+ Z5 d& `$ s0 y! K: I(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
' W9 d% K: j: |* k4 @this Act as if it were a re-determination under paragraph 59(1)(a) if
0 z- E( X6 Y( b4 l+ G. s(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
1 x W9 Q- p2 H, m7 |because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ q h b4 ]% o. q O
eligible for preferential tariff treatment under a free trade agreement; or4 P- W, G8 D0 X% K9 A" P
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
, s. `- g' |- e9 R" m! Abecause the origin, tariff classification or value for duty of the goods as claimed in the application is/ Q% y3 z% U6 `, I- j" P9 N: _- d
incorrect.- ]% `# J0 Y+ G9 u9 r
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),- v+ b! j. T: F! O
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
) D2 r/ c& u$ g- h$ _other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) W# ^7 g+ m3 m A( l
were a re-determination under this Act of origin, tariff classification or value for duty.2 F: [- x) }: g4 c. V2 m6 K* t8 P- ^
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这到底是说可以还是不可以啊? |
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