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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% K3 p$ V2 k, w; R2 h
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 M' T2 z; v6 @0 Q0 S4 Y8 _! x
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# k1 \# G3 j8 R& R. DRefund Requests
7 B# _; H+ n* [" Z) P/ i74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who, f, W: i/ p8 Z8 c8 R8 M$ A
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
9 \" b9 b+ R5 N/ j9 [of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 b/ t$ n1 S0 z7 o! B(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& I1 p3 N; _- s$ e1 K
Canada to the time of release;0 e- {6 d' N! F% B( V( ?1 e- n
(b) the quantity released is less than the quantity in respect of which duties were paid;5 I- `0 F9 H/ r, H' z" v
(c) they are of a quality inferior to that in respect of which duties were paid;
3 P1 E f5 ]: x4 L! E(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
" B7 y( k% L7 B- y. `2 n b) Ktariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
3 {8 b( I$ i' p6 n3 A! u" lcase may be, was made in respect of those goods at the time they were accounted for under5 j% d9 K& p& r; \
subsection 32(1), (3) or (5);
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5 K' [; r. d5 g5 j; [% o(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
0 L, l1 Z b6 l/ ~ @' rpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 S0 c3 h+ z* I1 @/ h
accounted for under subsection 32(1), (3) or (5);
) L. K. W9 c6 r: m# \. O(d) the calculation of duties owing was based on a clerical, typographical or similar error;
! V& K; O9 N; ]$ q M$ z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)0 s* B4 d: y, w$ [
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or8 S9 Q* x5 I7 T1 X1 D# U
value for duty in respect of the goods and the determination has not been the subject of a decision( A& L N2 c" [2 Y% M( ?7 o$ G
under any of sections 59 to 61;
0 ^! P3 h1 w# D+ \(f) [not applicable to non-commercial goods];# o0 k% l+ K# Z0 t- g& R. {
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
! ]+ A7 v+ T0 }5 E0 X/ `3 i) ?2 Y1 p8 [(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
! f1 q9 f, o4 }( X0 b& S0 g5 bon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of3 h+ y* Y: ^8 q5 A; b$ N. R+ @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).0 h: |& G h1 X9 A! a# m
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
5 ?: n( T" X9 z! @) K; d/ ?: Gunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 N5 E- v$ p! J7 z& {# i V% L(3) No refund shall be granted under subsection (1) in respect of a claim unless: n8 f4 {# S |1 J# g- d
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in( y8 `* U8 d2 [, q/ L ^
respect of which the claim is made or otherwise verify the reason for the claim; and; [" f: ]! F! m5 b0 p
(b) an application for the refund, including such evidence in support of the application as may be
2 p& q# ]" [6 d: ^( F% h& n* Xprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the# F0 p' o% I9 l% v) d
prescribed information within6 J+ X6 F) Y% t7 ~9 Y) J
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
! b' o: d) t& C% For (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
/ o' W) _4 ^7 F( M2 e(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
8 [( t3 ^" r8 _2 n/ M# \were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* g0 A4 f0 d- Q; m
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- s7 G- d0 F" M, xthis Act as if it were a re-determination under paragraph 59(1)(a) if
2 n h5 M+ V, L/ l(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; R6 Y1 Q4 z5 F# l1 I4 Q% e$ P
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
' t# b/ d: Z( Y2 neligible for preferential tariff treatment under a free trade agreement; or' D! }, u2 @0 `: B+ i1 X
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied) F5 U* o% C8 `; s* I
because the origin, tariff classification or value for duty of the goods as claimed in the application is
) _8 g! A4 j3 iincorrect.
7 V* r5 z3 ~+ g1 d6 n/ C$ {(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),. z1 x2 x6 o4 R$ j9 c
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
( L0 `& p% l: m9 `other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ {4 Y' G/ u( q# u" e( h' R( G- Fwere a re-determination under this Act of origin, tariff classification or value for duty.
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+ f9 X1 U0 e% b这到底是说可以还是不可以啊? |
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