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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
$ q% w* H/ q$ L, ~$ Z4 J$ }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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- q, s% k3 H. M7 rRefund Requests
/ d: [/ E0 O d# n5 _7 x74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who; d3 P8 p4 K1 d4 @: ~# b+ i+ \
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 M) l& T' l; O9 U) b& Oof those duties, and the Minister may grant to that person a refund of all or part of those duties, if$ U+ L; \/ w0 Z. b
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to( Y. `0 o- y: w% H7 C
Canada to the time of release;2 z, z" X! J4 T" F9 e# W% q) [
(b) the quantity released is less than the quantity in respect of which duties were paid;7 r5 O* N- X3 }. B& T$ s
(c) they are of a quality inferior to that in respect of which duties were paid;
Q$ h( E/ v, i. f(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
5 _' X5 W S E- q. v" O4 Ftariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the! ^0 u" h& k/ @3 j
case may be, was made in respect of those goods at the time they were accounted for under
$ W0 W- E( N$ ?) U' \subsection 32(1), (3) or (5);8 q8 R n" s/ U: g4 g
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* _2 _% g% G) _(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 ?2 L5 r# j3 |$ g; }4 ^9 T' ~6 J
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are2 x$ i0 ^3 A& R3 b! L
accounted for under subsection 32(1), (3) or (5);
8 r" Y- u R+ v$ Z! }8 T: X) t( F(d) the calculation of duties owing was based on a clerical, typographical or similar error;% C- H9 \4 _2 b9 N
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ P* a* P5 E, i1 |9 W- w5 ~of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
2 ^ }% T' I( ~value for duty in respect of the goods and the determination has not been the subject of a decision5 `9 C5 I1 P9 U7 v0 W( t7 @0 [
under any of sections 59 to 61;
4 F: f7 X1 A ^0 R(f) [not applicable to non-commercial goods];1 ~: }) w3 B2 R
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
' W) ~! _: G* [(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
" ?0 w9 A4 t* von tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
" ?1 c/ S2 {5 u n, v- uthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
; m/ N. `: p$ b- O8 P a. f/ i(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ D: c1 ?1 e$ N, p) junless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 U! R: Q, u1 M, [; N3 y1 Z
(3) No refund shall be granted under subsection (1) in respect of a claim unless
! ]- R4 K2 k- b4 w- W: ~- E' |9 S(a) the person making the claim affords an officer reasonable opportunity to examine the goods in& B3 N# m6 h7 ]% Z
respect of which the claim is made or otherwise verify the reason for the claim; and! o. a2 m$ J: f) z1 y
(b) an application for the refund, including such evidence in support of the application as may be
# p& g/ n3 H4 q' F5 I* bprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the; ]) N# F, e7 A* C
prescribed information within% @% f# e$ I2 \" V
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f), C1 f% T9 p1 p# c* Q+ {
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and& Q+ A2 R; D; U* _6 u8 }1 [* E
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods* l$ x4 ~# n$ O) R% v$ d
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.# a5 y8 ?& L) M8 A( `5 ~* N
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
7 v/ u }' p6 k2 Zthis Act as if it were a re-determination under paragraph 59(1)(a) if' Q# O5 _; a5 l2 {
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied K% ]1 x0 T, Q* q5 b x6 W
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
8 V) P1 Q$ a* K$ A# Teligible for preferential tariff treatment under a free trade agreement; or9 Y& {0 C# T9 K' s3 U
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
' ` \; B/ t6 y: i% u3 i. k& tbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
; q5 i: Q9 h7 _: _7 y! @+ C6 K! ]incorrect.
v0 g i& {9 Z(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
1 @ a6 \: U4 x3 w. l6 y# S! J) ~! B(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
. I& W" M6 i5 a$ b$ gother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ V5 U/ w* W- {/ L2 X6 w
were a re-determination under this Act of origin, tariff classification or value for duty.* @4 @1 _+ V" X. D
% @9 R& t+ r% Z. b$ }$ C0 x/ _; Y. E这到底是说可以还是不可以啊? |
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