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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations. P7 G4 `$ ~+ `- P8 W0 ^
上面说 非商业 进口 可以免关税?/ V2 ^3 H; A: q \
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf7 o5 j' ^; g2 d/ t) `
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+ J8 v! W2 o0 dRefund Requests
( P* M1 r1 z( B' T+ K74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! i" l* l( e* p
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 ?; V+ e' K ^8 x; O" Iof those duties, and the Minister may grant to that person a refund of all or part of those duties, if+ r d+ y) E4 ~1 b: U; ?& Z
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ b* `/ G: ?4 D: O2 R1 ~
Canada to the time of release;
, A' E1 v+ X, u& S0 J$ m(b) the quantity released is less than the quantity in respect of which duties were paid;5 B: N, U% ~1 w
(c) they are of a quality inferior to that in respect of which duties were paid;, w- d0 {4 c( V$ z% ^
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 n6 c3 C7 `( e/ ^% v, n& r
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: J% \, h5 ^$ y, V; J, Z4 G" Fcase may be, was made in respect of those goods at the time they were accounted for under
; A0 S- H. \% P" tsubsection 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
: [) Q+ N7 o1 O1 j* t0 bpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
o% n- e+ b1 Z7 d- raccounted for under subsection 32(1), (3) or (5);
8 t6 d( V2 G7 L$ M& `4 K3 }$ b(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 r' q7 o3 w$ B8 _8 Z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), |1 E( u; q w( G5 @) l: h' N
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
& L9 D) X7 \. `value for duty in respect of the goods and the determination has not been the subject of a decision1 l+ e9 K9 E2 Z: H* J. ^# i
under any of sections 59 to 61;
% Z, u- n4 D0 d- b% Z2 r7 t! i+ Z(f) [not applicable to non-commercial goods];
4 n* N) ?; N( K) F(g) the duties were overpaid or paid in error for any reason that may be prescribed.9 d1 z1 p. h, k
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* X3 E* G9 Y. E4 U' X+ `- o$ B2 S
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! ^5 m$ u9 m( D
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
}" T9 c$ T2 s0 p0 h$ s+ b(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
1 V7 B+ l1 G$ ^1 T% Aunless written notice of the claim and the reason for it is given to an officer within the prescribed time.& v1 X/ T" d. X; `+ t
(3) No refund shall be granted under subsection (1) in respect of a claim unless
& H% b/ c; j9 v5 r9 z(a) the person making the claim affords an officer reasonable opportunity to examine the goods in- u& B$ E! H2 Q: P- o; T- k, O* D
respect of which the claim is made or otherwise verify the reason for the claim; and" l; u: N6 d; U2 f x( _
(b) an application for the refund, including such evidence in support of the application as may be
- r* b* J5 u/ Bprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the2 Z* J( V: j' u; f5 |) f
prescribed information within3 T$ Z. |3 C6 b0 G, t: P+ D- }9 Y
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
# q2 x0 ]' f$ Z- Q3 k" y/ jor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: U; a* {" [9 s6 ~$ ](ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
5 ~0 Z# \" ]) A7 c& iwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
' L5 Y. y9 K+ d3 O(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of- b. P. d: c1 E
this Act as if it were a re-determination under paragraph 59(1)(a) if
# X f5 m) _ U(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied) d+ Y" {7 L9 T7 j9 Z$ _( c% b
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: W m% L) z- B( P& qeligible for preferential tariff treatment under a free trade agreement; or
5 E' q0 M7 R, i- h(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
5 [4 u6 A( n3 pbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
7 n+ p- J7 z. y; C1 r& Eincorrect.
9 A9 ?" D! M( O) E( h: l(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),& H# C) [& c2 k
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground- i4 e4 J9 V' f# K% W/ V+ l
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 K2 H! ~: q0 X4 R7 H: u9 y/ T. e# D' ~
were a re-determination under this Act of origin, tariff classification or value for duty.
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K, C5 T/ ^8 k, p4 Q这到底是说可以还是不可以啊? |
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