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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
) U* p$ Z+ J: C) y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" n. Q4 P" x7 [+ J. ?% A
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( T# P s7 ]( n+ n! z- d6 q% h! kRefund Requests
9 ?. C9 n0 o% B; F5 b; `" P5 S1 T74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ S" ? B0 k& Z& x
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
5 N6 y) @4 h1 T& ]' Iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if; F, j) {( v6 c* J0 B) C' |* @
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) t" W) e* T. ?; x6 _Canada to the time of release;6 ~# g2 s+ \/ H! h) G) n
(b) the quantity released is less than the quantity in respect of which duties were paid;$ y5 ~4 `0 I1 }0 ]* w
(c) they are of a quality inferior to that in respect of which duties were paid;
# r0 Q! C4 `. {" Z) K(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential N) h6 i7 B1 u0 b9 F
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( s2 Z( C/ g; Scase may be, was made in respect of those goods at the time they were accounted for under" |" Y$ y& Y8 b* I' a' s. |
subsection 32(1), (3) or (5);
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4 l- ]4 ]) h, G! D(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for' Y# U4 T# i, ]/ e* V& W+ N
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are, }( E/ g% y5 p9 y5 ^2 k1 R
accounted for under subsection 32(1), (3) or (5);. S2 F9 E% m: }. }+ ?7 t
(d) the calculation of duties owing was based on a clerical, typographical or similar error;! d0 k9 X, b/ J% Q4 x
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
) }% l2 u$ A+ S9 G9 Q4 ~: Vof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
* P( f4 \7 t( f! D# I* Yvalue for duty in respect of the goods and the determination has not been the subject of a decision
! w. t- R" C! G; G* Uunder any of sections 59 to 61;0 L. r* [( k7 t
(f) [not applicable to non-commercial goods];
3 [0 f0 P0 f# @% J8 A- i(g) the duties were overpaid or paid in error for any reason that may be prescribed.2 L' L' ~( e( P! z8 o
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* { A0 t0 Z) T( B: ^
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of0 f% ~! k# d/ b) w3 X+ c8 Z- N- Z
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ s# X; p! ]8 n4 r0 F
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
- k) f b* U8 \7 ~ j3 l$ z2 g5 cunless written notice of the claim and the reason for it is given to an officer within the prescribed time.4 Z: V9 V1 R8 g4 d2 w8 s
(3) No refund shall be granted under subsection (1) in respect of a claim unless
5 S4 E; U' T* a- j E(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 r/ b& |( D8 z5 X
respect of which the claim is made or otherwise verify the reason for the claim; and4 Z5 b# U) \" T. S7 m0 H
(b) an application for the refund, including such evidence in support of the application as may be
' ]! Y' J! t8 @. T; P- qprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
* e3 B6 f5 l4 R1 o* I1 L6 gprescribed information within& x/ f/ \" d! I6 D/ L- n
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)& e+ l( i" J% y9 \ o
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and0 n3 w6 a* N$ m2 U4 O7 H
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
- \9 s+ ]- T8 O& k( s; P- Nwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.7 V4 {7 ^# t% M" P6 V/ T# e
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 x! e6 S( h* O% p2 B( y, Hthis Act as if it were a re-determination under paragraph 59(1)(a) if# \1 e. O# X i. [
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied6 L6 Y* S1 @+ Z" t" A
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not% l. M$ [% R) _" T+ [) z
eligible for preferential tariff treatment under a free trade agreement; or
D& R6 P: }. [( [) m. A0 Z(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
- P! f+ L) N* P; |8 T& C( pbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
% p- ~ t/ ^. B6 T/ w% |incorrect.3 A& w% s$ J9 U# O7 y
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),% U" S1 z, ?, l# R9 t7 s2 S' ]
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground5 t/ W5 i8 G4 |. l. V& b2 M7 H
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it' M! u+ Z6 [8 f
were a re-determination under this Act of origin, tariff classification or value for duty.
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- Q# m, x* Q) _. n. |$ l9 a% U这到底是说可以还是不可以啊? |
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