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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations2 ?4 K+ k+ I' [- D, a
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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! x! h6 {1 {, l. h, q$ U; _6 m$ LRefund Requests
" M* `5 v+ i! F4 `74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
9 G) y3 q: J" }paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 I( L! A6 X8 X" a+ n" uof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
, {6 t. Y; x2 G3 r( t2 |+ Y% G7 J(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to/ y$ _# G8 V! e4 N8 j' ~
Canada to the time of release;8 c! Y$ k! e1 v% n4 v1 ]1 m
(b) the quantity released is less than the quantity in respect of which duties were paid;
) I! ?0 h$ A1 ]# ~7 c6 O! e(c) they are of a quality inferior to that in respect of which duties were paid;
1 A. V t. h1 r5 z8 O8 r& b7 B u# ?(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) d+ Y! f8 e, \2 mtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the% ~& a/ @8 H% [, {. M& j' r0 ~: |% A
case may be, was made in respect of those goods at the time they were accounted for under
1 O& B2 B# F0 v" |subsection 32(1), (3) or (5);- v8 r: T) Y; A' p/ r0 C/ u& ~
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for! v7 g, a+ P7 Q" [2 h
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are8 I& I, Q( \0 S4 [. Q/ h8 G6 M7 K
accounted for under subsection 32(1), (3) or (5);# @8 M b9 Z6 x6 w
(d) the calculation of duties owing was based on a clerical, typographical or similar error;- ?) n: [$ g" L d3 C
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2): `) R& ^3 a0 X1 [8 ?( g y
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
0 B* Z( ?7 l9 dvalue for duty in respect of the goods and the determination has not been the subject of a decision3 D/ _9 u" o' d. \* C9 L' s
under any of sections 59 to 61;# b8 k! @1 o4 z( R" o5 E
(f) [not applicable to non-commercial goods];0 U% s* a( Y2 o7 W
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
0 d4 P2 y3 l" Y1 w(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 k8 n/ r o# D7 |0 l0 o q6 v
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 g" u# h @( B2 Ythis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).4 r1 ?* t* M! l8 T
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim: j5 H5 K5 r8 N! }
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 E- [2 w0 q( F. E* p4 L(3) No refund shall be granted under subsection (1) in respect of a claim unless
& R: P$ V& x1 `2 t/ B+ ~ b* d(a) the person making the claim affords an officer reasonable opportunity to examine the goods in8 I2 R( K7 U" V; P6 L
respect of which the claim is made or otherwise verify the reason for the claim; and
# b, T: E, O3 m0 O1 ?& q" E) s$ J! Y. ^(b) an application for the refund, including such evidence in support of the application as may be
/ c1 t4 u0 n+ ~% T7 pprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the% k' Z" c/ ?# g% M2 B5 @# l z
prescribed information within
) L5 c5 J. L8 m$ ](i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)( p( w! f8 O* Z* K7 H
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
6 w& D& e" m$ P* `(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 {2 p+ o& u7 H! L$ ?1 Zwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.' C( [3 k! u9 U% ?& v9 x6 X7 n; M
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" `/ Z# u% [, ^* S/ ] G; Nthis Act as if it were a re-determination under paragraph 59(1)(a) if# L* } p) v! C- S( f3 g
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied% a& ^8 s6 X6 Z. s4 e
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! ~* e) W+ n5 q1 {; |. u
eligible for preferential tariff treatment under a free trade agreement; or0 z9 P+ Q- _7 }) A
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
, v" L5 \" {) G8 }because the origin, tariff classification or value for duty of the goods as claimed in the application is6 v% K( h( ?1 C* ~9 y
incorrect.7 I+ d/ x* `2 ^: r- `
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 z: ~# ~4 M) m8 p' m7 e(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
: x+ ?& v1 G. M' Jother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 L9 B/ n- u1 P owere a re-determination under this Act of origin, tariff classification or value for duty.
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8 ^+ E. x0 | \! F1 H/ c2 Z; Q' D这到底是说可以还是不可以啊? |
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