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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations7 }9 k/ E/ W5 l8 K, a0 W
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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# r* ]0 _; \3 x, C0 `/ SRefund Requests
9 ~6 v( X- w5 x; n8 U6 W4 T3 P; Q74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
; W1 O/ w* Y; d+ j$ I" lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part J, _! ~( h& e# z7 W
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if2 k/ b$ |0 }3 z' ^' A
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) T# Q( r2 n4 m7 U* b# B$ rCanada to the time of release;
9 k2 z8 m) m/ I7 d/ ~(b) the quantity released is less than the quantity in respect of which duties were paid;
: T* D& b6 _9 y s& k7 Q4 g(c) they are of a quality inferior to that in respect of which duties were paid;
1 Y: u! ~( |( Y; a(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# r$ d/ G, v# V/ _5 p, y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; H: ^; F0 g) k
case may be, was made in respect of those goods at the time they were accounted for under/ z# V3 L C9 L
subsection 32(1), (3) or (5);) E! @, ?: |, `: ?' C; A: c
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
" q6 |8 N% g3 ]7 mpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
$ J. Q) s" ~0 T( l6 I2 y: M! Laccounted for under subsection 32(1), (3) or (5);, J8 l% w* g; d. Z
(d) the calculation of duties owing was based on a clerical, typographical or similar error;- }1 S: l0 g6 x& m8 ?
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
8 h* j+ E" M* ~5 t+ J# Bof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
' B( V6 u* D6 S* j) n, zvalue for duty in respect of the goods and the determination has not been the subject of a decision. }" f' L# B J3 S h
under any of sections 59 to 61;
4 | E( g5 z2 n(f) [not applicable to non-commercial goods];
* O- B6 @$ m: C/ a, p(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# }9 P4 l; m) c; m. s! X(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
# t+ B- k. u% S/ g$ i; k8 Fon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; n5 g% p7 Q2 |2 ~0 j z4 B
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)., p# }; D# g9 E& K
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# ^0 L, |" R3 M' j$ o
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.9 I* X" V3 i0 d; u5 q# O
(3) No refund shall be granted under subsection (1) in respect of a claim unless
2 c+ }1 c! U6 m$ y(a) the person making the claim affords an officer reasonable opportunity to examine the goods in B9 P- g/ q. D+ c1 U
respect of which the claim is made or otherwise verify the reason for the claim; and' X( _; S z: z; f P( f6 @
(b) an application for the refund, including such evidence in support of the application as may be
6 N! H$ i/ o+ Cprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 b# t' v& V! Z1 ^# M7 G
prescribed information within$ a' w) V$ t' B2 H b6 k
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)5 t+ h7 R+ r9 Z5 {$ u
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: `/ D. p& S4 _$ d! |(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
# j1 A) R0 p/ g, mwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) S- U; x& A0 E, V" e6 h& _
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- ~- M; d P# uthis Act as if it were a re-determination under paragraph 59(1)(a) if
% [3 `" W6 b: ]$ O* m j0 O(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied) f* Q: @/ b4 ~( m0 B5 F0 \, Q
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
( l# x4 r7 I: B: B Neligible for preferential tariff treatment under a free trade agreement; or
6 B' o: f% W0 P1 S& K4 d) Q, T(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
6 J% e2 g7 @0 d9 R0 e% S& R- Ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is# r$ \* u& p; x. y2 q' @" |
incorrect.
6 _/ s+ @' b2 N0 t1 N(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 f- ^9 ~4 O3 Z. D(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ t2 a' P9 J, w# U+ Z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" Q+ I( ?! E) K) [9 |4 j2 Q, s
were a re-determination under this Act of origin, tariff classification or value for duty. c4 ~/ r" ~+ v1 f# a: u: N6 K
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这到底是说可以还是不可以啊? |
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