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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations" l( P& p+ k+ F; O7 X3 D. s& Z; I
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
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( z6 w. h1 k5 s4 }0 WRefund Requests
' D6 s, l7 ?4 Z9 Y6 H- |# p74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ P& Z" d1 m& i, R4 }2 p% x& Rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
7 f' n7 Q, f0 dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
- f0 `0 ~2 S$ J* u(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to1 u& p0 H6 G9 J4 ?
Canada to the time of release;
; f3 r9 u( k, W5 [' }(b) the quantity released is less than the quantity in respect of which duties were paid;- s/ _+ H. H6 J. t8 p3 O; o
(c) they are of a quality inferior to that in respect of which duties were paid;
3 `& ^' S- { M+ C2 Y1 \(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# G" r( O! y2 k& _6 t4 V. t7 U1 [
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) [0 [, n( C, D: B# p: f+ J6 m
case may be, was made in respect of those goods at the time they were accounted for under! V7 b D' L7 N9 X: A5 t" k
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for6 a9 p3 A' B; v' v; m; w
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 E/ q1 d4 _' j" {! J- Yaccounted for under subsection 32(1), (3) or (5);
4 G3 _! h: y5 e2 \, h& m$ I- d2 ](d) the calculation of duties owing was based on a clerical, typographical or similar error;
7 T: K; v1 Z$ D* }9 Z& H(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ k' |( R' b. Q7 t' g% T9 j3 f/ Y& G
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
7 V( |2 n% Y3 h4 ^value for duty in respect of the goods and the determination has not been the subject of a decision
& q& q6 G. p r _# k; X! nunder any of sections 59 to 61;
- M$ G4 P8 m6 y' c* O(f) [not applicable to non-commercial goods];
0 f; Y, l7 s6 G" l(g) the duties were overpaid or paid in error for any reason that may be prescribed.
* v# A3 J5 k/ F( G& `) u2 d; N(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 K. I4 k( j" F4 s. K! ?on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
- |9 G2 l- ^2 l, _! X* \' |this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).9 Y M, \ i# ~, {
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim- l* a6 x9 O1 S4 ^, h
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 S+ z6 }. q8 F4 Z4 S! H( X3 N(3) No refund shall be granted under subsection (1) in respect of a claim unless) j6 }- h: L3 ?. t3 E- v) y6 M' {, [
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 W2 `+ y- j) `. |* j) X6 X! s* g
respect of which the claim is made or otherwise verify the reason for the claim; and1 n0 V2 Z. { P- ^, Q* C) {3 E
(b) an application for the refund, including such evidence in support of the application as may be4 M! K/ I- l g8 {
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- d8 b7 ?/ E- `: C( R' ?prescribed information within
( A+ J4 C- v$ R/ b: { m(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% {5 g N) ^ Y7 F
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 w9 C, i8 B q7 D(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 ]: C; x2 h; R6 f9 a9 f4 w
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
2 n: I6 M a7 u(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: w/ [7 X8 Z* u# Lthis Act as if it were a re-determination under paragraph 59(1)(a) if
1 r, _) Q( I9 H( B( U- ?* R(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
) x; I" K8 G+ C' V+ Wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
5 u' E6 G5 B- G# H) @( peligible for preferential tariff treatment under a free trade agreement; or, d7 K$ X* F+ F% J
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
( n8 {+ b: I/ G5 Sbecause the origin, tariff classification or value for duty of the goods as claimed in the application is. R5 z: o& \, Y8 g. [
incorrect.( Q H6 ?$ Y6 Y
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) M3 ^# k5 |0 F+ |2 ^" q' R(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground0 h9 \7 f X- d: q* T/ ]3 k
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 \) e1 b" L# Q
were a re-determination under this Act of origin, tariff classification or value for duty.* X+ b$ U& D8 G0 Y+ W% u3 A9 R
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这到底是说可以还是不可以啊? |
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