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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% h" J& W! i: o5 s2 J" W% {& H
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# F- ^* V3 X: t+ B
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# y+ H( G5 u! V' M2 `: \paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' ~; [! [* s2 R, Pof those duties, and the Minister may grant to that person a refund of all or part of those duties, if$ f& g( h$ p0 O0 C
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 ~8 l, }/ U; Z* w
Canada to the time of release;% ^- z0 J' E4 t) J; m' U
(b) the quantity released is less than the quantity in respect of which duties were paid;2 Q& C$ s" _" c4 n( ^2 I% [7 q
(c) they are of a quality inferior to that in respect of which duties were paid;3 y( i/ J8 ^: C4 j
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ E) x) ?+ ~( }& o$ o% ~' Jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
. i! O3 L6 z; \; bcase may be, was made in respect of those goods at the time they were accounted for under
7 Y3 t4 U4 o( w% Y k/ v& asubsection 32(1), (3) or (5);
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2 a, {" f2 G6 f: R$ e(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for* f3 h A/ V4 T Y; x& O9 M
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 D& N, i8 q, {5 X- V' N
accounted for under subsection 32(1), (3) or (5);
+ V* k+ {* h5 G) ?( H2 Q(d) the calculation of duties owing was based on a clerical, typographical or similar error;
; f7 V8 Q3 G6 C$ T6 c# `3 Z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
6 k, F" U) _! D4 Eof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or5 m+ {9 }( Q( P! Y. Y$ E c M
value for duty in respect of the goods and the determination has not been the subject of a decision
$ F6 Q, \; j1 d4 runder any of sections 59 to 61;
/ h: L* s( j- d, [- R4 e" h(f) [not applicable to non-commercial goods];
) F! V, p8 E" ^9 S(g) the duties were overpaid or paid in error for any reason that may be prescribed.
) i: l5 \' c& m(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
& | h$ u7 u; _0 m# ?on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ H- O6 ~' x& g8 V/ rthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
$ q: d. m I# `# n6 E2 B(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- L( A3 L; I7 s: Q8 U4 X/ T
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.1 z0 q( v6 j) J/ X' v- l0 m) g. M
(3) No refund shall be granted under subsection (1) in respect of a claim unless
& W/ j% V4 d2 _9 q/ `7 D+ R3 @(a) the person making the claim affords an officer reasonable opportunity to examine the goods in: {6 k( e6 a0 J, v/ x
respect of which the claim is made or otherwise verify the reason for the claim; and0 A) d) ]7 ~, _9 g8 s7 a
(b) an application for the refund, including such evidence in support of the application as may be9 C. ?' E" a1 ^) z
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ @4 |- S& L" mprescribed information within
! f) o+ c, n2 i) [1 Z(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
1 I9 m, r/ V6 B; c7 o' kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' x) {# f1 P% t# Y, a* e(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods. g) i" H _' ^7 ]7 Q) O* U( B
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
$ \" u" N* q- I6 ^(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" h" \0 R1 P5 G4 `/ ?1 x7 ]# V. Hthis Act as if it were a re-determination under paragraph 59(1)(a) if
$ p$ I2 e3 L* {" J(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied& X. B7 V z$ R- b1 Y
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! _3 P2 t8 z. Y2 A$ t' C6 c
eligible for preferential tariff treatment under a free trade agreement; or! n! O8 _) A) C5 i& z ]5 k
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied/ W* k# q% ~1 T( ?6 k
because the origin, tariff classification or value for duty of the goods as claimed in the application is) f' _* d2 V$ C. {/ ^3 S2 d1 z" Q
incorrect.( r" j- Q* m$ Q3 j. _
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),0 B/ A% m! a/ A* j- H
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
8 j( E, v0 L! [. Z7 uother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 F' \% N* M' E8 ~, l7 q' vwere a re-determination under this Act of origin, tariff classification or value for duty." Z6 _$ b4 T& j1 R
0 C" K4 \- \( \- g3 ^8 G这到底是说可以还是不可以啊? |
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