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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: d& u; X) T/ \0 t% F4 K
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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' F' U/ c8 u* h3 t4 ]8 uRefund Requests
0 O/ ^; G4 ~3 I6 }1 Y* N" H4 h74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who& t$ c" k, i! M9 d
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part( N Z l' S6 d5 v' Z
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if) k' k3 i" F+ g) M. F5 S
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
; v) V; v H2 K1 `) vCanada to the time of release;
5 I4 ^- @! D6 t7 x3 S. a& J+ n(b) the quantity released is less than the quantity in respect of which duties were paid;: v- B4 [7 {. j8 a' K5 K6 N: w' i5 ^) k
(c) they are of a quality inferior to that in respect of which duties were paid;: e5 J, R, x, X: v
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( {- Y) F9 _, d, N6 r' ~! [
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the0 }9 Y& G5 R. N3 ~/ W6 [" `& j
case may be, was made in respect of those goods at the time they were accounted for under
+ u% I5 R7 T& j/ U5 t$ msubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for" l7 R$ `6 [( d# ^
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
/ G& r# V. W# `' Gaccounted for under subsection 32(1), (3) or (5);# ]: _, p& \( i6 H( U8 K2 b- l
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: A$ O/ N+ p, S(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 e! e) L" B1 eof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! \0 C8 N4 X8 E, m5 ~! T- f avalue for duty in respect of the goods and the determination has not been the subject of a decision
: T Q0 ~) U+ i) A U, T& \* ~under any of sections 59 to 61;, |: o& k$ p2 n) [
(f) [not applicable to non-commercial goods];
" B/ N8 k) d m, Q0 P9 {(g) the duties were overpaid or paid in error for any reason that may be prescribed.
& V, j( k5 y7 X8 ?(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' [0 }1 ?9 P# p) Q: Y
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
& D+ l& W) d6 x h0 Y4 j' rthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ B) _9 I# a9 v0 V+ G; S a
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
4 J: O9 V! ~1 f3 |# Munless written notice of the claim and the reason for it is given to an officer within the prescribed time.
* r' z) p$ t9 }3 G0 V(3) No refund shall be granted under subsection (1) in respect of a claim unless K4 m/ `4 ~! ]. j! u
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
: O4 K$ S; [- O$ B O7 Urespect of which the claim is made or otherwise verify the reason for the claim; and
; r+ g; }* O/ }( P6 q(b) an application for the refund, including such evidence in support of the application as may be
5 w# l4 v4 W. k# z: o8 i( r( ^& P( Bprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
?/ |/ y: `1 {$ y& a# x+ I$ Q# iprescribed information within; f" J1 L( x. P: Y$ ?2 P
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
o( t( H. p4 ^( aor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
( L* z9 a/ r) T- q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
2 H& J3 j; U3 E. c' Y+ _were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
9 ^$ Q# Z) z; K, ?) O1 U! T- _) P& ](4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! j* T5 ~7 Z4 Y; K9 @' h+ l0 y6 nthis Act as if it were a re-determination under paragraph 59(1)(a) if
& z; s! ~& s6 l# H4 x4 f(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
8 c8 ~( b' X2 zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not# }- `. F, p- u
eligible for preferential tariff treatment under a free trade agreement; or; K; t8 F, v% A. a% A( k
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
+ m% P% ~6 }1 R2 k: q$ qbecause the origin, tariff classification or value for duty of the goods as claimed in the application is5 t6 k. d3 j9 O( j3 _+ a$ U
incorrect.
$ n- B; J- B+ p9 N$ C0 Q3 b(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
% E! B% ^* K5 f(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: `; E0 n" N$ u3 B+ O
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- ^ b1 R% K# r" t" U# w# _8 rwere a re-determination under this Act of origin, tariff classification or value for duty.
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/ T1 U, k' F0 T* B这到底是说可以还是不可以啊? |
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