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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations& h7 ^; f) K3 S/ f
上面说 非商业 进口 可以免关税?
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- R8 d% p: g6 U, j# \http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 l. n+ O0 K2 i9 B0 N5 e
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Refund Requests
& b- H% U; H, A' [% M; l* G: H74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
4 f, n+ c N1 P* b8 dpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part, Y' k: R6 G$ b/ y
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
! a h" m5 i$ q& c5 Z(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
4 L( t' R6 x; L# p% h$ LCanada to the time of release;9 i- @. U, Z6 g% u9 W5 \
(b) the quantity released is less than the quantity in respect of which duties were paid;9 r$ N+ L( h" `
(c) they are of a quality inferior to that in respect of which duties were paid;
0 {0 @+ ]4 _# |4 X+ _3 _(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
# G1 G* X6 {4 ]& utariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 t# G( L, x7 l
case may be, was made in respect of those goods at the time they were accounted for under
3 B! N% e" z$ o2 R4 }2 ~subsection 32(1), (3) or (5);3 {8 L. r, s" `
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1 p9 F" c. t2 d8 u9 s7 k(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
1 H7 V+ D+ H: xpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are+ R7 w/ {$ d8 j3 i3 @0 d
accounted for under subsection 32(1), (3) or (5);
* T& G+ f2 x# D) p6 m(d) the calculation of duties owing was based on a clerical, typographical or similar error;
5 c! k, B1 I6 ?3 q5 v6 X(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
) l6 F& R2 U) K% wof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: q0 B4 [& W3 J3 C3 ~9 b4 G/ Zvalue for duty in respect of the goods and the determination has not been the subject of a decision
5 ?) m( ^% q9 q3 g" X. Xunder any of sections 59 to 61;
6 n" A- y" [% D0 t" Q(f) [not applicable to non-commercial goods];
9 S8 T& N1 Z' Q(g) the duties were overpaid or paid in error for any reason that may be prescribed.
% I5 _! b6 g% V# C- G7 W(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
/ U5 k+ T& r- |/ p8 don tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ x4 m/ _! U* E: c. t
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).% N$ y7 u p5 `+ ]
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
* b9 r4 a9 G# Q7 \% Iunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
- `" t, V- `1 s( h- D& I(3) No refund shall be granted under subsection (1) in respect of a claim unless
( y* M5 m/ y* E5 \5 [6 `7 g(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
f. k- ~6 Z* A! i( m6 h1 [# crespect of which the claim is made or otherwise verify the reason for the claim; and- V! V% @9 U! G. `. b
(b) an application for the refund, including such evidence in support of the application as may be! |+ q& p B( a! V6 h% {; c
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 |- q, x( W7 d* Y: b: k" ^4 U
prescribed information within) a2 w0 N' t. {5 x$ }) O; ]
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
% T5 y$ E9 @, n! W% W1 Aor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and. e; m: G9 h7 w! X5 T0 w; F2 g/ K/ j
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! y; c% K1 G4 Hwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) x5 H5 V$ B1 }2 T( r5 N. J
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
4 ~, s3 d0 d5 l: wthis Act as if it were a re-determination under paragraph 59(1)(a) if) r, s- I+ J) ]9 a! g
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
n4 W F' W5 B* u1 B& ~2 D9 l7 l" `because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 B A- e6 H M! {3 A6 Deligible for preferential tariff treatment under a free trade agreement; or) r k! k# I* ~, S( g W' G
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
' M! W2 b% P8 N1 e5 w" |5 ]because the origin, tariff classification or value for duty of the goods as claimed in the application is
! o; v8 F3 S# w1 I+ Tincorrect.
( A* V' m* _7 ^4 _0 ~(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),( ?0 ]! }! P& q7 Z4 K3 l
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground! M2 \. l! t/ H- `" R: T# S. c
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
2 K# D% Q3 C6 z: Bwere a re-determination under this Act of origin, tariff classification or value for duty.4 Z$ b8 z1 ?8 w( t
/ T$ ] M2 c) |, i' M. I1 ~* P a) @这到底是说可以还是不可以啊? |
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