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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations C7 I; F) B- Q& i; p
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- Q! [- b) |; j+ {) ]% T: ] s
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Refund Requests
9 u4 O$ Q, K& R- I74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 v: i4 s. X/ b5 t) r' M( Kpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part: L9 ^0 M/ d; ~8 [! s
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" c" _- X1 W5 ^4 n(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
; u- _/ J4 w+ d( \Canada to the time of release;
8 z9 D0 X7 o( Q(b) the quantity released is less than the quantity in respect of which duties were paid;( N0 z# s5 C. f- }! x- A7 \
(c) they are of a quality inferior to that in respect of which duties were paid;1 n% H Y6 A5 l& }
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" u w4 Y0 S- d& J, ^/ R2 }tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
; ?! M- m$ t3 b" q( N# ?case may be, was made in respect of those goods at the time they were accounted for under
! t+ w/ A4 N( Xsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
5 g/ |; E7 Y9 ] l; upreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 b! w% G. e) P" W7 aaccounted for under subsection 32(1), (3) or (5);* [9 `1 Q* ~: n9 ]% R9 n6 _4 V4 _
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 x6 h1 y* z9 L: [( O(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
# _# \. _# b& S K/ Yof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or q6 V4 w H4 x( P! j" B. x
value for duty in respect of the goods and the determination has not been the subject of a decision
- I4 @1 D! A% i% @$ d' iunder any of sections 59 to 61;
7 d$ t8 @5 G" ]1 t5 x" Z(f) [not applicable to non-commercial goods];
" `1 k( C: [; a7 Z(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 F. B; ]$ i, Y6 Q(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
* r/ T3 i- H5 h6 `on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
5 r+ g b" R5 V' athis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).$ F8 T% d/ {5 A, v
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim* ~* ?: ~" j8 K5 w3 i/ z
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 c# K. y B! ^' c1 j
(3) No refund shall be granted under subsection (1) in respect of a claim unless' d4 N8 ]3 O( Q6 x- E4 t5 C$ Y/ ^
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
; {$ G0 ]5 v7 J- @( [respect of which the claim is made or otherwise verify the reason for the claim; and" ~. i+ j! }- w/ O
(b) an application for the refund, including such evidence in support of the application as may be
& I3 T- K! q9 S- G% U$ nprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the$ q8 g, a' H+ C$ [. x, [) _
prescribed information within
; U; X* o% A: J% Y(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)! s$ }6 Z7 R4 q2 C$ ?5 ?
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and* f7 }9 X5 h+ l) ^, S0 p
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& J8 G) z1 ]( Y# p& l: ~, q# o. H
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ f6 x7 k; L1 e. p/ Z A! E2 ^+ e
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
# ~5 V& E, \8 t% k6 u/ zthis Act as if it were a re-determination under paragraph 59(1)(a) if+ N+ X) K0 ?% X/ c. V, q K/ x8 d
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ Z5 G* V# h" u1 D; F
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 r9 |, ~- |* ^' H3 h& neligible for preferential tariff treatment under a free trade agreement; or
* l$ Q- o# O3 P. }(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
+ I; [7 r& P& {; u8 a0 Kbecause the origin, tariff classification or value for duty of the goods as claimed in the application is1 I6 w. s( h, l7 j6 m/ J" W
incorrect.# @+ D# S: a3 C3 {2 o. r
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),, p* ^* n+ e7 k) f6 ^
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* A* L+ a# A" yother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
G; G# Y+ p: V3 v* |7 d7 Cwere a re-determination under this Act of origin, tariff classification or value for duty.; p. @, b6 d" C! [5 s
7 | W* B% c5 f: d这到底是说可以还是不可以啊? |
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