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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
/ \6 c' V8 l! o上面说 非商业 进口 可以免关税?6 B. S' U$ O( ` r: _3 G/ i' }
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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& S9 W. b4 k! M: M$ H! s) kRefund Requests
6 S( W6 v# g# t$ [% `; o7 C |74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 p) n' C2 d% z. r% m! kpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" A, i2 ^6 S* }3 o" Aof those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 d, x- T% V) F1 R( U7 Z) s9 I( z. d5 p
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
; r% P5 H) M" }9 q2 MCanada to the time of release;
+ o; E* T3 V) b& U% G(b) the quantity released is less than the quantity in respect of which duties were paid;1 X5 k4 e5 j3 t& K4 j1 |' U+ j
(c) they are of a quality inferior to that in respect of which duties were paid;
8 W: i r3 R0 l. X, E P' K(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential* J7 ^+ O1 {2 t9 [4 h% e; K1 z
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
# o2 J9 U* g! u/ A$ f6 ^, Rcase may be, was made in respect of those goods at the time they were accounted for under/ d) A9 M: ~6 v) M6 s! Z
subsection 32(1), (3) or (5);! r4 X4 }$ t) R4 A
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! ]- ~+ T0 G" X! o5 w( W {4 z(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for+ K* L5 t+ g! d0 Q, X* O, I
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 T4 d$ `- ?$ N* h/ j Haccounted for under subsection 32(1), (3) or (5);2 M2 a; [4 q* z9 Y+ h9 b
(d) the calculation of duties owing was based on a clerical, typographical or similar error;2 J% _9 s3 X1 C( G& g
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
# L* ?8 q) ^' y! Uof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 I' \. H; C) z8 pvalue for duty in respect of the goods and the determination has not been the subject of a decision [1 k* B" U5 w# h4 d# x
under any of sections 59 to 61;
, Q, M0 z5 t! m4 F! i- z(f) [not applicable to non-commercial goods];
) ]) q" k, _* J% P(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; t F) w( H: U% ^; ^+ f3 e8 q(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based. K* j, A& o0 s f5 J. u. i
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; k3 A0 o$ r2 I7 F" Y, W, U
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 p7 D7 P3 I1 v* I! Q
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
2 r( r( Q6 Q* {) F% p7 S7 F. ]9 e; ^unless written notice of the claim and the reason for it is given to an officer within the prescribed time. w2 ~7 K; ]" s* V( Y0 p
(3) No refund shall be granted under subsection (1) in respect of a claim unless
& d" w2 R$ _/ j# C(a) the person making the claim affords an officer reasonable opportunity to examine the goods in. M8 S* K6 O I+ g2 Q" C$ L% W
respect of which the claim is made or otherwise verify the reason for the claim; and7 r; y* q7 O+ g/ d, }! | Y; O/ _2 Z
(b) an application for the refund, including such evidence in support of the application as may be
$ }8 |: S' c2 N$ ?. Tprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
$ U ^( a7 o. j$ Q4 Y& \prescribed information within
2 q8 c% O% M5 f' L7 l$ z/ C0 Z(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
f1 l1 D4 n% m/ {or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and3 S3 I* s( R6 A) K; H6 \4 c
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# W6 o: D k1 J5 g. R
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. B& m2 E( A: w
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of9 ]" |. e! {2 ~% s
this Act as if it were a re-determination under paragraph 59(1)(a) if- {- o4 Q8 _4 l6 X2 J Z
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied! O5 l0 v% r& E& b9 l4 [! \, n
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ o0 t8 _6 C- I% e$ L2 M4 oeligible for preferential tariff treatment under a free trade agreement; or
$ m. }7 b0 u( g. v' ^7 K3 y2 ~(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" D% F+ T3 i/ M- Ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is5 O/ ]0 R* G( q# |) K0 |2 t5 \4 |
incorrect.
# ^- I% h& Q$ _: P% q0 {6 a/ C(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),* k% N4 p# v) I$ u; E
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground; A$ M4 X j& U
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it9 f+ Y8 Q1 o9 w& d
were 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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