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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% T8 R/ M6 M+ s4 S Y, n
上面说 非商业 进口 可以免关税?6 w! e' |( c8 i a0 g7 R
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. N% a4 c `+ }' d. ^. Vhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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8 Y$ h1 N+ k+ r, |Refund Requests
- {9 f3 j6 l# F& R3 I5 a74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who3 Z- s. k( n) K
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
; F" |4 ?: u. F- _* C6 Oof those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 E" q4 z8 r3 R, j/ a
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, U9 r. I. X- x, c6 x
Canada to the time of release;9 G2 z7 x) g8 o8 C
(b) the quantity released is less than the quantity in respect of which duties were paid;
* b! g4 x# Y/ A6 ?(c) they are of a quality inferior to that in respect of which duties were paid;
% G) N8 ~6 ~% O/ ]. T. Z* _(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
* a4 l3 }+ w1 ^$ r* Z0 B0 Htariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the2 ^2 u# }" \1 L2 K& a' t
case may be, was made in respect of those goods at the time they were accounted for under5 h! v* g3 [. {3 ~
subsection 32(1), (3) or (5);3 P8 j8 h+ T( I. _" P
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! i: y' h8 K0 {! Q2 x# W. R(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
1 R4 n% X0 H+ o4 j9 b# H3 X0 `6 `preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
5 Y8 V# L T9 naccounted for under subsection 32(1), (3) or (5);
# {# m( m" B: U f) t% R3 R(d) the calculation of duties owing was based on a clerical, typographical or similar error;6 _9 A. e E. M5 D% J% ?
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 E, L3 c* [" g+ Cof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
8 o8 L9 F* X0 {4 B) v7 J$ Jvalue for duty in respect of the goods and the determination has not been the subject of a decision, F5 j' ]- [, b2 H6 h
under any of sections 59 to 61;( M" l p' e; w1 H+ w3 v
(f) [not applicable to non-commercial goods];
4 A2 H) m, F1 O, t9 U(g) the duties were overpaid or paid in error for any reason that may be prescribed.- G+ a+ H& Z+ N! |' X3 g4 ]3 ~! ~
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
: J5 m {: D* `6 W" Lon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
7 {2 m s9 ~/ |1 i" r+ athis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).2 x# |0 O3 y2 |8 }* E' H( c
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 z9 b3 c, s2 J$ o" \
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) n( I6 g5 i7 q* E5 t; x2 \& Z(3) No refund shall be granted under subsection (1) in respect of a claim unless) @" L! i- e, R2 ?
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in+ a+ m- p3 b1 A; g# K# ]( S
respect of which the claim is made or otherwise verify the reason for the claim; and
( C6 `% \; N* O3 k(b) an application for the refund, including such evidence in support of the application as may be
$ n; x. r& y6 K' L: P5 y( Kprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the" A1 j1 S' m3 l! y& p, D% D3 x4 k& g
prescribed information within
5 Y/ `4 R% V' p- g(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 P1 ?+ u3 t0 k" ^+ i
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
% @( x! N$ X8 f/ C5 w6 D(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods& `. t/ W: { e6 \5 ~0 h L
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
) H1 F$ g0 a4 s# |3 k(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
$ {- ` _+ f- L) @4 Athis Act as if it were a re-determination under paragraph 59(1)(a) if ]! E7 { n3 A, n, m1 [/ {
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
9 N# V6 a5 n/ _9 Q1 T; mbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
9 j) k. O' h* U+ @" celigible for preferential tariff treatment under a free trade agreement; or3 l" I/ w4 _5 l5 w9 F, U
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied8 c, v; ^6 I% n7 a' }) p- O, R& g
because the origin, tariff classification or value for duty of the goods as claimed in the application is1 J2 [9 x8 f" Q7 |
incorrect." N6 c8 t- I7 i3 |
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! |0 W$ r- Y! p5 y% `
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground" a' _ z0 N ]2 i9 H
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ i: w: A1 M! o0 w8 Q& |1 m& f
were a re-determination under this Act of origin, tariff classification or value for duty.
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% ^$ g. m T6 y" B3 H! [/ U7 e这到底是说可以还是不可以啊? |
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