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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
$ [/ m8 G. P; i y9 o: l- I" p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( f8 D v% f& `
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Refund Requests, J" p w$ S/ O! C* j0 {
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* a/ R6 i. I ?) b& apaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
. V$ i& n, e$ i2 m9 qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 f/ r( ~& y7 } u T6 F) l(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
( s7 k- ]# o( [& A pCanada to the time of release;
1 N3 p" ^ J s' x* f(b) the quantity released is less than the quantity in respect of which duties were paid;2 D* G' y- ^5 A, M! g, {
(c) they are of a quality inferior to that in respect of which duties were paid;- t6 P% n" x0 h
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential- C: R5 V# |. e) K' p' R8 Q0 m1 Q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
R2 ^* E. ^4 G1 pcase may be, was made in respect of those goods at the time they were accounted for under) M+ X3 @& k6 y9 {
subsection 32(1), (3) or (5);, t. \( |2 e- N* i
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
( v; ?/ y; \0 ?# C: j' Y' X1 xpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
& {1 M2 A; }$ k% [accounted for under subsection 32(1), (3) or (5);
9 T/ p& h/ J4 G1 s( _& F. s/ q(d) the calculation of duties owing was based on a clerical, typographical or similar error;+ d$ M" |1 [1 ]- h2 h
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 Z- k+ W$ O" j' s* k/ r( W% B5 sof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
( j, A6 i& F) w6 T7 A; n9 c: B, ]value for duty in respect of the goods and the determination has not been the subject of a decision
3 `# ]8 ?" k. u7 q, Funder any of sections 59 to 61;' V6 S( [7 f- w2 V6 i
(f) [not applicable to non-commercial goods];9 J# [6 F1 H1 A- j
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 y- g( p- ]5 T, q" ?(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
: k2 @. j* X0 ?on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of B0 t( C! R4 o" L& {% M
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! f9 F2 ]* B+ n) N" O- n, ]4 `
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim7 g& n' K$ V& W, e) ~6 B9 P
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.+ j$ n8 ^7 {0 o1 Z/ j
(3) No refund shall be granted under subsection (1) in respect of a claim unless4 a* M+ V3 H; V. ]" X8 @* s
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
9 e% R$ V0 h" E i; u* H# Q. ]respect of which the claim is made or otherwise verify the reason for the claim; and5 S' Q# G2 ?& K, Z/ B6 h- V
(b) an application for the refund, including such evidence in support of the application as may be8 T3 q B+ B# |3 y' V
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ S7 v* C, w0 {' i. E! j7 K" uprescribed information within( G/ h8 V) s( X Y4 X$ L
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)6 k: `6 a+ {( j
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
' f3 k. o% X! Q3 i, B" V(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods: g) |" ^ W5 E u9 w
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
& z7 B. I; m6 L) T7 c(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of n0 d* A1 W0 V! f5 I
this Act as if it were a re-determination under paragraph 59(1)(a) if
) Z! ^7 M; [3 ^: O9 W* i(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
( |; Q# L' c: N+ j( i7 Xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
# c% j2 [4 O% N6 C' U9 z7 Geligible for preferential tariff treatment under a free trade agreement; or$ t3 K% @: |7 m5 m4 ~
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied0 u% {& M T3 M# u
because the origin, tariff classification or value for duty of the goods as claimed in the application is
( g9 ]) @1 c2 V! F ~ S5 A! Zincorrect.
+ D# p- O" H, B" E(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) S0 U# Q8 w. ~& ~9 r
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
5 _ ]$ j% N, `other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ K$ a& g5 z0 h! W, J4 C' W8 r; h @
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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