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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations! [7 o; |7 G' g5 B, O! M \# c
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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" v: m' d- ]# o$ g+ C/ c- v dRefund Requests
0 ~% O8 r5 a7 ?3 V74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
! b/ C/ @& A( p$ ?. ?2 N! mpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part3 `" S5 B3 N& x3 \) |
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 a! m! X* a0 X& |6 x; r1 Y(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to2 g3 l! N$ y- E6 }! j5 ?
Canada to the time of release;
# M& M" M% I% e4 L) L(b) the quantity released is less than the quantity in respect of which duties were paid;) ^# R+ b( P/ C
(c) they are of a quality inferior to that in respect of which duties were paid;
) k3 ^# i3 [7 E$ u7 }% W3 ^(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ s! J: q3 L0 h6 {( Jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! j6 g/ N$ O3 @1 Y# D6 o1 ^case may be, was made in respect of those goods at the time they were accounted for under
# S: V" Q: w# |6 Q' n( P+ Z) c/ Jsubsection 32(1), (3) or (5);4 H7 G; f* u) ]- d5 x
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. \+ y% y6 T; L; w9 D$ R(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
6 C5 ]/ ^0 O/ B; R+ ~ t O" z/ npreferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 ?5 E: n5 _3 z9 Y2 J5 ?
accounted for under subsection 32(1), (3) or (5);9 O- b, W" m7 G* T. g2 p e" ?8 i
(d) the calculation of duties owing was based on a clerical, typographical or similar error;/ E! S7 @+ K' m+ D) c' h
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: s' |9 [. H/ qof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or, I" h( l+ Q4 C0 S
value for duty in respect of the goods and the determination has not been the subject of a decision+ c. x$ o0 e* U `7 r4 V& N
under any of sections 59 to 61;4 z% r X+ X1 o. U$ F
(f) [not applicable to non-commercial goods];
: S& _: E# s* ~3 o( V- n1 f(g) the duties were overpaid or paid in error for any reason that may be prescribed.
& i; u( `! Q4 h+ u: W# O) |(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
8 f# y! k' e C/ Zon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of, `' V; K, \3 b- Y2 m4 t
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).) g- h0 G7 w9 |2 i D& U
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; P" o; h6 ~( o3 Y% p
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.7 I u; }* L! L
(3) No refund shall be granted under subsection (1) in respect of a claim unless
* D% U" l' X9 d- Y; m(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 W7 |1 O" ?8 T( T7 H0 y- @3 n( trespect of which the claim is made or otherwise verify the reason for the claim; and* C5 v/ X: i2 w9 a$ X$ J
(b) an application for the refund, including such evidence in support of the application as may be
3 o# Y2 W' y4 z/ N Uprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the5 H" q6 g% }! F
prescribed information within
) y: B7 S- R3 i7 V L(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)/ O4 F3 B. X" ]( g
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
D1 C& b. `8 I& O(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 _# M! p3 U( \
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
/ t8 {# ?2 i u; w; R s: ~(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
& _! j% ~% E4 J4 tthis Act as if it were a re-determination under paragraph 59(1)(a) if9 d, v' d# }5 s; y3 e: h1 Y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ c* e( I- X4 z& s: H! ^8 W% nbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 o7 ?& A( a e6 zeligible for preferential tariff treatment under a free trade agreement; or
1 h% d e, K9 \ S: Y(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied! e+ Z% ^, ~+ E/ h; J
because the origin, tariff classification or value for duty of the goods as claimed in the application is
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(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" \& r9 n! [1 w0 ]9 a(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground4 s6 b& T- z0 S' d% I% W3 w) p
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
+ ?+ D6 J ]3 A+ J& ?were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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