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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations/ N9 e- j* h( H8 Z) m0 k
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' [8 R: ]0 \3 d7 n0 Q7 k. [
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, l. x# d1 \1 b) o1 mRefund Requests
+ `, o+ D6 L9 S+ C74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 e$ R0 i0 }3 d. d, Xpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part* M6 F0 s. P5 x* F
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
1 e' W) e8 E& l(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 F! f+ S$ R$ C8 Y, r9 a
Canada to the time of release;
: S. Y9 Z! k7 v1 L( _" s(b) the quantity released is less than the quantity in respect of which duties were paid;
3 J% Q* V/ i8 c0 `# n/ V' w(c) they are of a quality inferior to that in respect of which duties were paid;% Q/ g9 D6 m' r: j' q# l& N
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ t5 }6 H2 n7 {+ n4 D- jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ C/ g1 Q. q% x( K( r2 Mcase may be, was made in respect of those goods at the time they were accounted for under
9 _$ |2 c7 c. }5 r. C* f. ~subsection 32(1), (3) or (5);
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( Q$ X) c+ k# _+ o; ^- c( p(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
9 U% @: G# h' h- r z* J- Tpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
! u: v$ r9 s* I4 f* Xaccounted for under subsection 32(1), (3) or (5);
5 c& T9 t# a1 a: f# J. w7 L. u(d) the calculation of duties owing was based on a clerical, typographical or similar error;
2 c! @; s9 Q! c* a b(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
v. W( i) w6 ]3 r. G8 Nof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or/ f7 c5 h7 U! H; O
value for duty in respect of the goods and the determination has not been the subject of a decision
+ ~6 b4 x* `$ {5 Iunder any of sections 59 to 61;$ R) M+ }3 {9 a& n6 b
(f) [not applicable to non-commercial goods];
}+ ?- g+ G6 e E- i4 E: v! [(g) the duties were overpaid or paid in error for any reason that may be prescribed.) W" ^! }) C ]$ I9 m* Q9 L
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
% G( x, N$ b: C+ yon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ d, k7 R! k7 k8 P: h9 V# ]this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).5 \- Y+ Q6 X- t1 Q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 X; u3 ?% V, X5 D9 e) m
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.; ?6 k/ A6 t S# v
(3) No refund shall be granted under subsection (1) in respect of a claim unless4 M" E k7 S( ?) C" u. o+ F
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
, {$ @, i- C9 T! c! Zrespect of which the claim is made or otherwise verify the reason for the claim; and/ U: Z L. n5 o5 p
(b) an application for the refund, including such evidence in support of the application as may be
) }. l8 P+ d% ]# } y& ~% Zprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the ]( K2 A+ ^1 @3 G
prescribed information within
+ w. I- q; u/ z8 h. g9 V( p0 I2 ](i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 l) @' R0 ^ }2 yor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and6 N+ C! T0 k- u/ {
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
' m% g/ } N/ W: Y' nwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
p. {$ F Y) t( a(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of' Q* n6 {! K5 ~ ~, f. I4 t) O; z
this Act as if it were a re-determination under paragraph 59(1)(a) if9 _# V( E! K" b" e g0 l
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
m7 j9 b; n0 F6 ~, C) j- C$ Rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ N1 D6 }3 f/ ]6 S% Q7 U6 m
eligible for preferential tariff treatment under a free trade agreement; or
' @: T$ m8 X% B% M& A3 s(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
) \% L& z! ~" s0 rbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
+ p0 b$ d/ S5 v1 K: X5 Bincorrect.& p: b8 J- m! h4 r+ \
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
( p% O8 ~: d) d, h(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
! U1 m! X, X0 U6 |7 Y$ |0 M% s9 {other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 h/ h+ Y" E3 I% u
were a re-determination under this Act of origin, tariff classification or value for duty.6 A" k/ {1 t/ m. t% q; w3 J, z2 f
) q* `7 w3 j: P7 r这到底是说可以还是不可以啊? |
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