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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' @3 i& p/ D# V" B9 A# H. A8 |( l
上面说 非商业 进口 可以免关税?+ r' \( W" t7 C" S: O1 o$ G+ b: r! _+ Q
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% e; P) g* I1 m8 v& rhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
) p! n1 w( o- U; a74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who, C* {& s7 u2 E% b% v; D
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 D$ V5 ?& a+ V; gof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 l# I/ V* F5 E2 C. o(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 \% q2 h" r; V6 W9 VCanada to the time of release;
: @; x- ?; c( `# ^(b) the quantity released is less than the quantity in respect of which duties were paid;( ~& y' i. N* b% G
(c) they are of a quality inferior to that in respect of which duties were paid;" A$ w5 x( g6 h
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& q- J, k% M L$ n: S
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
& K+ |0 B+ c) Z% N# [) pcase may be, was made in respect of those goods at the time they were accounted for under
5 j. f; Q" L* }: ksubsection 32(1), (3) or (5);
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) V3 |& u( @+ m0 e, R' l6 q6 [- D(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. O# G- C3 q% K9 Q+ o
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are% p" c3 |$ Z A( A7 S% t- ~
accounted for under subsection 32(1), (3) or (5);' d; f- @/ ?$ Q- N
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
# I2 l& w9 i& |0 w, e(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
0 _' z( p( W! `+ o; ^3 ^: Lof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; R! }; V8 ]4 N' p+ mvalue for duty in respect of the goods and the determination has not been the subject of a decision
% w- b$ F b$ o; J% H: Zunder any of sections 59 to 61;
% T2 c% n5 U& k(f) [not applicable to non-commercial goods];
1 r2 R0 [/ M: P/ u(g) the duties were overpaid or paid in error for any reason that may be prescribed. ]$ ], j) U, W9 e. z9 e- p
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
7 b( g' t8 b9 c1 y \- ton tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of6 U6 p# O/ h6 z- j4 T" i
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- c2 c; s; L* K( X f9 ~(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim+ A6 R6 D2 J2 f
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 Y, V2 R/ }. g; Y
(3) No refund shall be granted under subsection (1) in respect of a claim unless
0 b4 r7 R2 h' @* g; j6 h(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
E9 N$ k6 e1 q- ]5 U% hrespect of which the claim is made or otherwise verify the reason for the claim; and
8 F5 s( ^0 y }) l(b) an application for the refund, including such evidence in support of the application as may be: S1 T: d' n$ ~! n0 h& s( P
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
0 Q3 {: n A# ~: D4 Q P- r4 Xprescribed information within4 S5 @ b3 d3 p5 ^0 {: o0 J G- ]% I6 ]
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
4 C* v5 N9 O: t4 F7 \or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' U, ^) [3 }2 K0 M) @3 Q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; R6 P/ k, z7 z" B6 awere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
& {/ t. n3 \3 X1 [( f(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& O! F4 X0 u9 W# `$ ~3 t/ othis Act as if it were a re-determination under paragraph 59(1)(a) if7 Y- G& B$ z$ d7 Q( t7 W6 r
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
: u4 s9 P$ Q; y7 b7 ?0 z! E! ~8 a+ X) a/ Tbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
& R$ [9 E7 a9 l! ^7 |* Oeligible for preferential tariff treatment under a free trade agreement; or1 D0 O0 e M b( R$ G/ y
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" G3 v' l) \% g/ e! M$ ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is
9 f7 `* g+ l" ]% ~9 ~incorrect.
y- w4 _- \0 A. x(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" y! d! W# b$ V. e! E( z(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
- K1 M& J! T2 v R# E2 Zother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# @4 J" U# S- l3 _# D7 ?
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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