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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 l+ z* `1 _; E
上面说 非商业 进口 可以免关税?' f8 C; t/ C7 Z0 |6 ~
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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( G8 y. J# X) A" ^9 O: URefund Requests
& r9 O9 D( t# d4 J- |" H74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who/ K3 \2 w7 u- z4 S5 [
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part) K9 o. @3 Q/ N, U: ^" L& M
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if" s- M+ p. ]0 i9 S ]5 \4 ?: X
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to. v9 ^- \: l3 Z( U' [( [4 {0 }
Canada to the time of release;
5 s5 \" \& ~! K9 W(b) the quantity released is less than the quantity in respect of which duties were paid;
( t, ?0 C6 u1 f6 c0 f9 x" s7 B* g(c) they are of a quality inferior to that in respect of which duties were paid;6 u, }6 ~* q k
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential Q) R, E0 p' }6 u
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* X' W/ U) j7 p! Vcase may be, was made in respect of those goods at the time they were accounted for under
& r; M6 S2 L' _; Y: `8 l/ Osubsection 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. m: g& `* K0 M
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
$ d! L8 x2 P. D9 {' Oaccounted for under subsection 32(1), (3) or (5);
: ]0 |8 j) }5 u. N6 M6 _(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ h _4 ^3 C; {8 N; _, N: P(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
# Z. a; V( `; r6 O' R: m. Kof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
+ P& C- V5 w1 O& w4 A6 z" E1 h. hvalue for duty in respect of the goods and the determination has not been the subject of a decision
. c1 I4 R0 T8 }% X8 G4 Cunder any of sections 59 to 61;
2 b3 ~8 N' F# [8 C(f) [not applicable to non-commercial goods];
# ~' V- l( G; L7 m+ q, R(g) the duties were overpaid or paid in error for any reason that may be prescribed.: W# h0 i! |" h# N6 |' C8 |
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
3 `. F2 P( ^) non tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ N/ z y) y& N2 @1 D
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)./ o+ d/ \9 F# V: b3 f, s ?7 q+ d
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
! x) B! |8 a/ K3 g( T8 I$ vunless written notice of the claim and the reason for it is given to an officer within the prescribed time.$ G3 T7 `; n( R
(3) No refund shall be granted under subsection (1) in respect of a claim unless4 ]& q$ x1 @: C
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 [& E$ I+ o* r8 j0 erespect of which the claim is made or otherwise verify the reason for the claim; and
- W2 W! j* @+ l9 O8 O5 _(b) an application for the refund, including such evidence in support of the application as may be
( N! b# [& J& m. g* A6 Fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the/ d+ \4 E# G' h+ Z; y% _3 R
prescribed information within" E+ ~* o) F! w+ m9 B" E
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
( n+ _! K: U6 m' n' @or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and+ _7 g1 p1 x- W$ F P
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 F: |' U+ j: T) E: b! _$ P
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) Q! K1 l; K" Q9 j" U% ]# g
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
^$ C: X7 f6 P, Z$ f* }( U) Athis Act as if it were a re-determination under paragraph 59(1)(a) if/ D; W1 J; S( g
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied: V& i* Z# P. G, a: @) }* {! ^7 e
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) Q4 j+ h# w- V# H7 M; \ U
eligible for preferential tariff treatment under a free trade agreement; or
, G, z. E; T5 {' {6 F(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
T- I5 s( a, Q& zbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
, x* R f4 g8 g- E! Pincorrect.+ \( q1 }. B1 Y5 ?( p6 T, f
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),+ E( K6 w7 H) {; f' W( l5 c
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% U M: }6 O& k
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% [ n6 d2 `6 n" t! q$ {. pwere a re-determination under this Act of origin, tariff classification or value for duty.4 o' `( B1 S& Q) M. ]1 }
5 d$ A' \4 f# j3 \这到底是说可以还是不可以啊? |
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