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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
) a9 k+ n8 a: Q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.pdf6 | u* q" G1 ~7 h4 q
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$ e4 F" ] L8 \# k/ `Refund Requests
8 x2 r2 K2 ?, F- H- _2 |$ [' b74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 @: E I& s3 T; F# B7 W$ | l
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" ]# m4 l0 y' e: w+ X$ E, kof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
" [" M7 i& |8 u& V6 u6 U(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
0 U% F4 w" W3 L3 ]Canada to the time of release;' J; L/ U3 x! J9 C3 i* o2 O6 }
(b) the quantity released is less than the quantity in respect of which duties were paid;) r3 m8 o/ G. V" a
(c) they are of a quality inferior to that in respect of which duties were paid;1 R2 _4 Y# C# Q6 X
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) y4 ^/ w, h8 C; B1 P, l r1 Etariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the! @0 {: A8 U# q i2 k
case may be, was made in respect of those goods at the time they were accounted for under( J! z5 ^! s. G, G8 v' L% `" k
subsection 32(1), (3) or (5);
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; v7 A9 k% K! z: T' t/ z(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for! d5 K" a# R6 A
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ S% c" B# R- w0 K3 g+ faccounted for under subsection 32(1), (3) or (5);
# q- }3 c8 R" S$ ^9 A) o% s* G(d) the calculation of duties owing was based on a clerical, typographical or similar error;9 @5 V! O" \$ J' o0 N4 G# Z! _
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 M2 h, y# t9 J8 mof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 t: D5 _; N+ y. e2 t
value for duty in respect of the goods and the determination has not been the subject of a decision
`9 R0 s# u$ Q! X; l- |$ ~under any of sections 59 to 61;" }7 I% b, t$ X# w! D2 j* V
(f) [not applicable to non-commercial goods];
@! X0 V1 G6 z- |* u(g) the duties were overpaid or paid in error for any reason that may be prescribed.3 G9 f; Q% Y( d/ c* u k
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
7 A4 C+ o* e: k6 ^( don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of3 B9 \5 x& C/ ]4 d- l6 R' k
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- I# z+ W+ j( L$ ~! z(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. h$ l+ T, L" o5 r* ?8 |2 t: Funless written notice of the claim and the reason for it is given to an officer within the prescribed time.8 W+ B+ j! E$ r" P
(3) No refund shall be granted under subsection (1) in respect of a claim unless
1 E& E+ N8 C( o3 ?(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
2 Q0 X# g. t# T' Erespect of which the claim is made or otherwise verify the reason for the claim; and# z- h: q. w! `3 l& M" t
(b) an application for the refund, including such evidence in support of the application as may be* C5 E3 X3 m1 K. D1 ~
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
2 Z/ @3 d1 I2 ^5 ~ \prescribed information within; b" F6 i: q+ L& ^7 h V. ]
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): c0 P) v3 [# ^0 Q
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and7 Y: a, t' i a& b- b
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
, q8 i( L2 D+ f, fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( h( S/ K/ H0 D; i; j3 V
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of6 @. P0 A5 }9 q; K7 ^! W' W0 G* j
this Act as if it were a re-determination under paragraph 59(1)(a) if7 A# U4 X2 O# G6 D
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied8 g; C& K. I* m; S# m3 b9 d; A- c
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. z* o& |3 u7 y" s! d0 heligible for preferential tariff treatment under a free trade agreement; or# b& Z! y( A7 L# w( l% z8 A
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! R- }1 c; q4 z1 @; r& Qbecause the origin, tariff classification or value for duty of the goods as claimed in the application is5 Y M/ S" Y( q- M+ K
incorrect.2 s0 d: c! {4 S" |& C& P
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) j, A- d( Y, a; e4 J. G6 W(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground( m. l' _* H2 ~! H
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
' K; w# N# n7 U; T. ~" ~were a re-determination under this Act of origin, tariff classification or value for duty.0 M7 F5 v( Q# u |4 z
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这到底是说可以还是不可以啊? |
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