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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations; ~8 M+ s6 Z, s% J8 |
上面说 非商业 进口 可以免关税?9 U" i `: E; u! v* M% K" u0 k
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6 L& V4 f* [) L1 H; p, }3 g0 Ihttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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) w' r$ s4 D" d5 C1 H; {! SRefund Requests
) |3 g+ l( f7 x- S. k! r- Z; p74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
: P) G n" d$ ppaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
$ M% J9 _- u( b$ `% oof those duties, and the Minister may grant to that person a refund of all or part of those duties, if" V* J- h' [" k4 O! P. u
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
a7 e/ g7 \+ ^5 P- [Canada to the time of release;
5 o7 E. o2 C$ [* w. d# b(b) the quantity released is less than the quantity in respect of which duties were paid;8 ]# A8 f+ ?1 r( f0 b) [* P( |
(c) they are of a quality inferior to that in respect of which duties were paid;
5 k! k% B; h) ?8 b- H(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential) H- Q, `0 e- C' z4 [
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
2 {% Y9 t, B: |5 d, `case may be, was made in respect of those goods at the time they were accounted for under$ }" W8 ?/ K, s4 `; D) l
subsection 32(1), (3) or (5);
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! z1 i9 ^( m. U- K(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" k4 K; l t4 }( E: hpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 `! a0 L8 |. t
accounted for under subsection 32(1), (3) or (5);* ^- X+ R7 ~5 L% o
(d) the calculation of duties owing was based on a clerical, typographical or similar error;8 W) m3 d; K0 h0 g6 {6 S
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 l+ f9 F3 I/ t4 N* n/ Qof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 ?- D+ N. Q2 _
value for duty in respect of the goods and the determination has not been the subject of a decision: T3 a4 x: @& R5 X5 h$ E
under any of sections 59 to 61;; l9 D3 t& V7 `
(f) [not applicable to non-commercial goods];9 [, ^8 u# T% }/ m
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
, d" Z& f3 d& G" q8 `(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
& q* S8 c2 U) D9 W. ~9 ~6 qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of8 v0 i3 V1 W/ d1 }- n
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- d# o1 _. I4 T: L5 I' M(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim+ x0 j# y' f& _ A) Z5 r
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 ^$ ^2 ?0 Y$ `) S# Q4 N1 f(3) No refund shall be granted under subsection (1) in respect of a claim unless! S8 \" Y' j2 U1 c8 h9 J
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in% y% k3 H5 c1 m7 Z. O: c4 t; r
respect of which the claim is made or otherwise verify the reason for the claim; and& W4 k- h% X$ N. K) X0 ~3 P$ ^7 d7 C; |. a
(b) an application for the refund, including such evidence in support of the application as may be
4 w0 ^6 x! D( o: Z% ?+ k/ {prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
6 p9 E' m* U) O! L5 nprescribed information within" W( ?, s; k1 D Y% v& b; N" n
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)) o6 x8 c3 z! F
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
/ _( W. g! @0 i+ p* z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
$ u% C8 l3 C1 W4 ^- b7 rwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.9 q; I/ v4 M2 O7 m4 h& @; ^- o
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of: H2 M; ]" Z+ w& ?+ o
this Act as if it were a re-determination under paragraph 59(1)(a) if4 `1 f$ ~8 b" y+ ?
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
5 m5 X. f) X; @! j: I' B% ?6 Lbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 \1 n% G# `+ l4 U- ]; K k0 Keligible for preferential tariff treatment under a free trade agreement; or" E; `- X8 _. l& u/ b: I+ p
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied3 v* \: \: k* b' o: W, h0 N
because the origin, tariff classification or value for duty of the goods as claimed in the application is
; w8 |: l+ k- ~( Q A; `0 {6 Y( Iincorrect.5 k- z) J+ n F) b
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
- B0 s: _0 ?! g8 {+ z(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground1 ~3 U! U; m6 D5 G
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it- ]/ T( x' N8 s( d( j8 A
were a re-determination under this Act of origin, tariff classification or value for duty.7 y4 T# z: m T
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这到底是说可以还是不可以啊? |
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