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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations& Z5 h5 M( x4 N; F5 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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Refund Requests7 n. p+ g' @+ E1 N& j. Z4 z( w
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
. [# r6 ?5 j- v5 a5 }paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
0 G Q6 y/ u# x t# B5 k$ oof those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 h9 l* i, K# `2 P
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to! P) i+ [0 v4 A2 ^% a( ~
Canada to the time of release;
' H* o8 u* {& |% q( i(b) the quantity released is less than the quantity in respect of which duties were paid;* |1 n2 w9 f9 M/ c* U0 r! g
(c) they are of a quality inferior to that in respect of which duties were paid;. Q: W' i9 {) t% f
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 J' v: L) G9 U% L7 s
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
. n" A6 x: Y; d& W1 @3 wcase may be, was made in respect of those goods at the time they were accounted for under
7 o7 K G8 L: v* o# X" j6 Ssubsection 32(1), (3) or (5); b2 R) j, @7 p C2 P
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
2 c" [: g' B% ^8 @' vpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are0 u, q0 g( V* b. o
accounted for under subsection 32(1), (3) or (5);
2 r! l! f! N7 Z6 \- ~(d) the calculation of duties owing was based on a clerical, typographical or similar error;" ~: }) p4 ]5 u- Y$ z/ S
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
r+ T% q9 ^! D4 y* kof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 O$ o3 I" M5 p) L5 C+ u
value for duty in respect of the goods and the determination has not been the subject of a decision
) l4 B% C4 `; p8 q9 \) I# Kunder any of sections 59 to 61;
. Z$ B0 b. [" R1 X(f) [not applicable to non-commercial goods];
" h9 b5 r* e V, O5 E4 f' I(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# f/ o3 i, u; W! u! S2 r(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
c& i- h$ g6 d3 P# t. Qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of# K. C) m# q2 v
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).! u* w2 ~& e- ?0 f% `' u& f
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
9 M8 {8 P0 u" L: ^unless written notice of the claim and the reason for it is given to an officer within the prescribed time." C1 r a) E/ O2 y9 B
(3) No refund shall be granted under subsection (1) in respect of a claim unless
; J/ L! Q# V. E- q0 @; }* |( i(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
1 H5 d$ C. h6 M# }4 rrespect of which the claim is made or otherwise verify the reason for the claim; and& `5 B; H0 N& R
(b) an application for the refund, including such evidence in support of the application as may be, p1 m$ O, d2 ~; C
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
5 ]1 J$ P. h3 f; _+ Sprescribed information within
! e& h7 M! b- H( K0 V* L9 \- o(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)* H9 ]2 g, ?9 ^! v% G; F
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 k9 [% S/ B, C& v* W
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods3 x5 c& m q& I a5 R0 m C
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.5 F2 l7 g) @& G9 r1 F! Q+ T' z. Y% A
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 s2 \. z: P" J
this Act as if it were a re-determination under paragraph 59(1)(a) if+ W; W' D5 P; [
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ y+ u7 P& p/ R" wbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 H) h+ V7 W0 Z6 Geligible for preferential tariff treatment under a free trade agreement; or
$ S8 \- w. e7 }+ {7 {6 H/ C# `(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: z( |6 X/ Q, V+ i6 f$ Bbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
" v' m) {1 ^ \7 ]6 f1 m' M! uincorrect.6 }5 V& [. m" \5 t3 Q
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ W2 p2 }* i5 T- z4 Z4 o% I! @(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" J5 n) A1 {" ^1 J; h" y7 Nother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
) p6 ~& n$ a- A9 s6 t! w$ Owere a re-determination under this Act of origin, tariff classification or value for duty.* V4 J/ h6 b7 Y$ K5 H' I* P
1 o- \* z1 M7 y" U( @这到底是说可以还是不可以啊? |
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