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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
0 q' V- |3 W9 Z3 K' J5 w' Q0 k上面说 非商业 进口 可以免关税?: B7 D: w3 y/ P/ V/ @8 v1 l
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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1 ~# ?8 h, g& b; [3 wRefund Requests
% ?7 G1 G. R1 L, N9 A; b& I74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ I& s; {/ G ]+ X0 ?) s
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' o' H, i0 s3 |0 F" oof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
# n) A- m# v! O7 I(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ g8 w2 q( ^( \/ c* Z. W5 F2 D& oCanada to the time of release;
X6 j, V8 X* t! B4 ]8 n(b) the quantity released is less than the quantity in respect of which duties were paid;" O. H$ f) o; A3 ]
(c) they are of a quality inferior to that in respect of which duties were paid;
5 i# d& N1 y4 L$ G# b* I3 B(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
+ Y k( ]* ]; @7 A) b( h* Itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the1 l. l0 Y+ t' G/ k3 L" P
case may be, was made in respect of those goods at the time they were accounted for under
; {; D7 w6 i. p* S, f1 usubsection 32(1), (3) or (5);3 i3 q( q' W, ^8 L6 ]0 o2 }
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- ]; j8 T! \1 T/ X$ W* {) Y, V(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for* a1 C2 R6 p$ M7 y2 ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 p1 V, w& K& R% U$ z
accounted for under subsection 32(1), (3) or (5);
1 E; ~8 e5 K( D/ Z/ z& R(d) the calculation of duties owing was based on a clerical, typographical or similar error;
/ U0 |* c' d! C" C8 t+ c9 o# V(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 q7 u* B [* E- |* C$ J: x3 ^9 Gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. A4 `; Q$ b, f% J1 u
value for duty in respect of the goods and the determination has not been the subject of a decision9 I4 t6 E. }6 \: S; e0 V+ R
under any of sections 59 to 61;
I# w$ d2 ]$ S$ `3 w* {: J(f) [not applicable to non-commercial goods];
5 v4 m# d: a1 _$ X6 q- r(g) the duties were overpaid or paid in error for any reason that may be prescribed.6 S1 O N1 F: S+ q7 u4 @
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based- `; B6 P" n9 T2 M8 r" j
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of. [0 C$ i* z8 D9 D" C; t/ Y& Z
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
0 V; v/ f: `! M/ F2 M8 e0 ](2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim' X: j p7 ?9 a6 t5 e. T# `1 S, E
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.% U6 K8 N/ z. n5 f- ~$ c. b
(3) No refund shall be granted under subsection (1) in respect of a claim unless. M3 a* u( N0 d; W5 h
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) T- V" O/ h7 _3 trespect of which the claim is made or otherwise verify the reason for the claim; and
3 n" q! P7 r" R D# c" P( [( C(b) an application for the refund, including such evidence in support of the application as may be: a3 f# t3 }1 Q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the5 O9 ^4 H3 U/ z* U* x
prescribed information within6 L4 O2 g( G) l7 L0 f
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)6 H5 ^) ?( K4 n& m8 b
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% P1 _" e+ `5 {(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods: u5 i6 W# U4 D* f3 I3 H
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
, Y- v" F7 [' g: w- A(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; S, B# a# Q2 Uthis Act as if it were a re-determination under paragraph 59(1)(a) if4 c- T* f1 l, O7 x$ v7 b& z' \
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
/ c! m h Z, L) F- K8 O6 Xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not9 R' |, h% h# D+ i& P6 E0 D! B
eligible for preferential tariff treatment under a free trade agreement; or' E, W6 u' V7 ^) a. c
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
1 J! Y) R5 I% D: W4 j2 W% V' nbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
; l( t6 b+ q0 K+ O. N' oincorrect.
, S; R0 `6 `5 D, C9 }( r* l: \(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
! D' q% ]% k8 f6 L! k+ e(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
1 ^2 e9 M$ ?% z- e4 nother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- Q9 ^. ~4 I4 Uwere a re-determination under this Act of origin, tariff classification or value for duty., }# e6 m" V- H2 P$ j* N- r6 H' T9 \
+ S, B+ U/ F/ ~6 h- \这到底是说可以还是不可以啊? |
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