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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: G! i6 s6 s# a& ~/ ^
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 U; t; Z- ^9 W% V9 c9 b
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Refund Requests
' S+ b7 Q! C/ v# E: n d4 K1 G74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who2 D+ U0 q9 T- Z4 u# ]- X' ?
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part/ \6 `1 P: q+ w( r% c) B
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 r3 J, y" ^. h(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to; W1 D( C1 ~8 ]; K& x
Canada to the time of release;( [3 W6 B/ O6 j6 f; a
(b) the quantity released is less than the quantity in respect of which duties were paid;
L9 O p* z3 w- |" S(c) they are of a quality inferior to that in respect of which duties were paid;2 M, c, U8 ~9 n3 A
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ m, i9 K, t# @# ~9 z( X' _tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the+ i* f& L3 c9 s
case may be, was made in respect of those goods at the time they were accounted for under
2 U3 w# j" M" ~* m7 m1 Gsubsection 32(1), (3) or (5);8 f1 d$ R2 B" N0 x X
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 Y9 B8 T8 Y$ D4 o2 R% S( f$ ~
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are I; t, c* E; h& f7 y/ }, ?
accounted for under subsection 32(1), (3) or (5);, _8 j& v" r$ \/ D: @
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
7 |/ L8 z% a6 j( c6 ^(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
& w/ P# T* l J; |; m& Fof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
, b. u1 C" [# r2 q! P. c0 Tvalue for duty in respect of the goods and the determination has not been the subject of a decision$ O$ ?* t9 r, ]3 ]# ]9 x
under any of sections 59 to 61;
& ^* n j$ ^; N1 A) u& I(f) [not applicable to non-commercial goods];8 @1 o/ u: `0 G) U; h9 x
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
1 X- X( e% ]& d8 [: ^, W' E(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# ^1 m! c: _" o) d
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of3 m/ \* Y x4 _( m1 A ]8 f
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).$ G) Q& a1 O( c- R# v7 v' q8 ?
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim3 B4 x, N- `9 X) k
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.) K/ [8 Q, x+ ?0 Q! `9 U# t/ d
(3) No refund shall be granted under subsection (1) in respect of a claim unless$ o9 A# }+ H" ^2 ]' Y" S
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
; @' w) Z0 z3 u" F5 R+ t; Lrespect of which the claim is made or otherwise verify the reason for the claim; and
' c4 j$ |9 `9 [" S( E' ~8 J(b) an application for the refund, including such evidence in support of the application as may be! Z, k0 f: } p. o3 A" b! T
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
, A H3 b5 ?2 M l* a' Q kprescribed information within
Q/ U' x6 ]$ c4 b(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) S0 g- M# N! T3 G" N
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- Y; ~. @5 F* G6 Z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods9 F2 b5 ]( ]5 I
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
% J! p2 U6 J! Y% k6 p; c(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; t. J! ]% k# P- m6 ^% Pthis Act as if it were a re-determination under paragraph 59(1)(a) if t9 W' |1 |, \. _* ]
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied5 E6 k$ {9 g5 j2 W4 l
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not3 c4 X% ]6 k1 U% R9 m
eligible for preferential tariff treatment under a free trade agreement; or" J; \: c) E6 w; T2 {# S) B
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
. _. \9 E6 K0 N, i2 i5 U* Kbecause the origin, tariff classification or value for duty of the goods as claimed in the application is. m5 Q6 S: d) y+ f) j* y2 l
incorrect.1 d2 z `3 }5 \& ]$ M- Q+ M
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
9 f! F0 P* G0 O5 b1 m1 S(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
3 K" l# L9 }) _- p: o, hother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it0 e- G o8 Y/ N: o6 ?& X
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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