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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations- |$ _' g; }$ o
上面说 非商业 进口 可以免关税?) ?# f1 E! O6 m& ^
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
$ {% e, k$ U; f3 }74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who9 P: @$ F8 O4 s! S( S+ J. d+ |
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
, q5 e- t) w9 Qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
0 j' C; {, L- p& g5 B6 z(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to& D- n1 N, k. o5 l/ i3 f, _
Canada to the time of release;) h" ~% u& F( i8 @9 T
(b) the quantity released is less than the quantity in respect of which duties were paid;9 P& W# t9 N: f0 h: G: I6 C! ?- ]
(c) they are of a quality inferior to that in respect of which duties were paid;
* `& V& q$ F, h0 ] S; e/ S/ y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
! @) G, ]3 s5 a& Q K2 M, u( ytariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
# x; V' ?) K( Y @4 K- S9 Scase may be, was made in respect of those goods at the time they were accounted for under8 y, B3 G! F( V4 B
subsection 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
W$ {6 B4 W$ x( i; n) S1 S9 ]# }$ Apreferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 N3 m& ~: b# C3 Y! `1 b
accounted for under subsection 32(1), (3) or (5);; u' z) T8 `; [) E8 S
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
! }8 X. |: I2 H) b: M; d5 b(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
5 c% k7 Y$ N# E' E4 `6 Iof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' _9 K, J# @4 P( a7 fvalue for duty in respect of the goods and the determination has not been the subject of a decision
8 ^& o2 ?4 U U9 l. Q" j8 Y6 Zunder any of sections 59 to 61;+ a- }; @, |. v7 A/ [
(f) [not applicable to non-commercial goods];4 d' W, ~+ b( |; a* }
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
9 f9 ?. B8 |2 O, {5 d2 l(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based; R5 ?; o) g7 r% K. |; m
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of2 A# Q1 L' v# Y9 L+ q8 t* h0 c
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
e9 ~5 N G5 V) \$ k! N(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
# J+ Y5 H) f5 m3 ^; hunless written notice of the claim and the reason for it is given to an officer within the prescribed time.! W& E: k# G% H9 I, d" {# d
(3) No refund shall be granted under subsection (1) in respect of a claim unless
: K' p$ ^! D# F# w(a) the person making the claim affords an officer reasonable opportunity to examine the goods in3 w- n9 Q4 l. e) Q
respect of which the claim is made or otherwise verify the reason for the claim; and, b. |8 s2 V2 ]& j
(b) an application for the refund, including such evidence in support of the application as may be2 s6 \, |: ?) S6 p5 v) Y- y7 h8 l
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the" G2 H Z' H( V' A( s$ D8 N
prescribed information within
' x/ F+ b9 E/ S/ _(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% N2 w5 @$ D$ d# N
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and3 ^+ s& m+ s0 a; f; I9 [# W- o
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 V, `5 J& V: S$ G" X' W/ Q4 H
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
- K9 v6 r& c6 s- {(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
1 w" L6 g: m. T3 gthis Act as if it were a re-determination under paragraph 59(1)(a) if
) |3 F! K8 d3 I$ I [$ E(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( [5 `8 A" f' ?8 E" A$ ]. m
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not" i2 q7 M( h; H+ o
eligible for preferential tariff treatment under a free trade agreement; or
4 _. \: T ~0 G1 t(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied' j9 U9 V0 s6 Z% @
because the origin, tariff classification or value for duty of the goods as claimed in the application is9 S7 B k8 c7 s
incorrect.7 l/ _' x. y$ V" d
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) Q" r6 b# C$ a% ?3 D( {$ K(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 Y/ j; W/ m6 y* D6 v4 V7 Z( qother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it4 x: p; \6 I6 ~$ M
were a re-determination under this Act of origin, tariff classification or value for duty.1 C. i: U% _. C6 w5 @+ o
) L$ ~2 y! k1 Z$ I G K这到底是说可以还是不可以啊? |
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