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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations& F s" I$ {9 `- V& s% t& G8 C
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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$ O' u3 x! ?* K! U& A2 [) nRefund Requests
; q& J8 `9 v" w4 s6 `, X1 m$ j74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 k9 A+ r& r# e6 Npaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- {$ M- j/ o2 S! s9 D% Y. qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if& D. R, l) D- ` X* D
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 P& y% D( b3 Y6 [$ g+ o3 d1 r$ {& ]Canada to the time of release;
: Y* O4 J5 o5 e4 W. g4 u4 Y(b) the quantity released is less than the quantity in respect of which duties were paid;' D2 R2 b3 h. j# Q# z
(c) they are of a quality inferior to that in respect of which duties were paid;
/ z( Q m8 b4 o3 j6 M' S(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential5 F2 p& ] z% Y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
* B" J3 \* ]9 J, m3 Q9 R& _, [case may be, was made in respect of those goods at the time they were accounted for under
& L5 [# _. J m7 Esubsection 32(1), (3) or (5);
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& K! y, ]6 [) G8 E }; j6 R(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for! ]% k) W! X2 D3 n! N0 e: w+ l0 S
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
9 S q) I9 a* w4 W- H& ?accounted for under subsection 32(1), (3) or (5);
) J1 ?8 C r9 S; E(d) the calculation of duties owing was based on a clerical, typographical or similar error;
) _# e% b% d- n- L(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)% P) K5 E$ ?7 e: ]( g7 x& m) m
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
8 |. `; B. s2 [+ Uvalue for duty in respect of the goods and the determination has not been the subject of a decision
, [. f& H. a9 L4 lunder any of sections 59 to 61;$ f9 O2 y! I3 Y3 d6 D
(f) [not applicable to non-commercial goods];0 Z& I9 f/ A0 `( x/ z
(g) the duties were overpaid or paid in error for any reason that may be prescribed.' L. E+ J y: y/ z' t$ X
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based, |$ j5 ^ H+ U/ x& z+ F. s2 J g9 O
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ ]: R( b. D' ^* C G t/ K+ m0 o# cthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
+ U+ v: b" R5 k6 `6 A# u0 R/ V(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
0 w; |& S6 B; r/ J' [unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ r, F4 _- W: \7 n; b- y(3) No refund shall be granted under subsection (1) in respect of a claim unless( V9 o& p. _+ V2 t2 W
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
1 {, v, z- ], _# f2 Xrespect of which the claim is made or otherwise verify the reason for the claim; and: _% c/ h% `' C: \- n+ b
(b) an application for the refund, including such evidence in support of the application as may be5 C- N4 M: k( j
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 A# h- U. @6 z5 r3 S% }) I
prescribed information within3 d( Z) x/ e' J: `; K
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
) i; i$ c! W) \0 j) v }or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and6 w- t) M! }' Y7 W
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 v9 x% t4 \0 B# Y3 t
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.0 F: x% k A+ E
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% N' g3 @2 g4 C' {
this Act as if it were a re-determination under paragraph 59(1)(a) if, h+ f t3 k5 U
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( D, ]0 A p6 e9 P0 X
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( K8 U' z4 C( l1 t: C: c: i
eligible for preferential tariff treatment under a free trade agreement; or
# m, d# w! E1 V9 Q; J/ G. P(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
+ L) H/ m: P" Z U; Ibecause the origin, tariff classification or value for duty of the goods as claimed in the application is
) f/ `6 ^, ~1 ?0 F9 g, V" E+ m. }incorrect.
: O" O; q* W* K' q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),& W C# b3 q* a; w
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground5 T2 j! j! H" t8 i, I
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
) I# h. p: f0 @: Q: L: x0 F! A9 }were a re-determination under this Act of origin, tariff classification or value for duty.: c" [0 v3 N# q- i4 q
! p+ x$ Y. [0 K) c& O% X这到底是说可以还是不可以啊? |
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