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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations! e5 R) C$ ~6 {4 x* q
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.pdf8 q9 w$ x$ I1 P9 X
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Refund Requests
: {8 j# D* o" F) k) d74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 g4 y+ C% r" t( @3 vpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
* C7 F9 W. x' Dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if) s9 o- i' y. Q7 s o5 }! E
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 U8 y& B' U6 q; iCanada to the time of release;/ J( j# H: P" F# w# {8 e) c& ^
(b) the quantity released is less than the quantity in respect of which duties were paid;" p" M! T K1 A0 s5 I
(c) they are of a quality inferior to that in respect of which duties were paid;
- F- N# X9 h* `0 f( O0 ]5 m(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
# {0 D: |; y x7 e& Ytariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
5 N5 V; F% A8 k! E% ^case may be, was made in respect of those goods at the time they were accounted for under0 {- B5 g" w6 G) X6 B# @
subsection 32(1), (3) or (5);
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0 o( T& F% s; _* w(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 E$ C( |; S) V" E* ?9 \
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ x( n! a( w1 a( laccounted for under subsection 32(1), (3) or (5);
# G1 ~ p. k' R, X% r8 Q. Y7 m(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 A/ `& j9 q3 J% i* @1 S
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)2 H$ Z. v. B/ J) ?" g4 W
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, L8 Q6 k* M" I6 h# ]6 h
value for duty in respect of the goods and the determination has not been the subject of a decision0 l T* r4 P3 m: p- o% ` O
under any of sections 59 to 61;. i1 k; T! Z t2 {: x; V
(f) [not applicable to non-commercial goods];
3 j7 x$ I8 K) Q(g) the duties were overpaid or paid in error for any reason that may be prescribed.9 N3 K/ U2 V8 ?4 [5 i$ y. d$ A
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based3 |; L' v* ]/ |/ i; O) W& ^
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; C( `9 [# m8 C, F! G& t
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ j2 q: @% D- ] {
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim5 k/ H& }* S1 ~- G1 P. |8 R
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 f& J- q- g3 j% `: s6 d0 l(3) No refund shall be granted under subsection (1) in respect of a claim unless
. v' B, u: ~1 L' i(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
0 q( _' g' j/ a7 d$ i, Z. Erespect of which the claim is made or otherwise verify the reason for the claim; and
7 H0 ?. @8 j! q: q, P# _(b) an application for the refund, including such evidence in support of the application as may be
- ]2 v2 W9 d0 \% fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 k$ u+ D ?/ ?# @5 i. ]; u: Mprescribed information within$ Z. J5 s* O. l6 {4 v
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
- S' Q( {2 x; n: E, p% E1 ?or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and- @8 Y( R) f% Q1 g9 y( |+ s' U
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods% g% | o, R$ B+ [( R, O
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* f% I3 h. Y) y) t( s(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of0 u8 e; W* M1 o0 Z8 ~: c/ ?
this Act as if it were a re-determination under paragraph 59(1)(a) if
* ]( i+ z4 `1 N& v" f6 h( u(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 p. C" ]; L6 {) |6 C( Xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not4 c6 e% r. v7 P
eligible for preferential tariff treatment under a free trade agreement; or
. ]$ e* D9 T; T; y% F0 `" c8 t1 o(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied9 r1 U+ E7 A, `, i/ p% u( c/ v" @4 [
because the origin, tariff classification or value for duty of the goods as claimed in the application is( Z8 A G! ? ?& r3 D
incorrect.
9 K/ J& v6 F1 a' k$ e(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),: t' ]* n# b" q8 R" X
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& T8 h5 C0 X7 U5 r* d
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- O2 R' r1 \$ q5 @, N$ H% m, R" s+ pwere a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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