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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations; V# P/ _; ?2 Y8 m' U
上面说 非商业 进口 可以免关税?
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% P7 M% \& {4 vhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
7 ~9 ]- O* y5 J( V& k1 p v; W74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who3 W& C! U# Q& f7 l) e& h+ \
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" f2 m! M) Z/ d8 X8 r
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if7 N& H- E" P6 q, I& q/ a& I o
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
3 i ^; J- c- E8 I$ H" [4 ^Canada to the time of release;
0 @4 J4 e% a8 E6 ~3 e& U) h(b) the quantity released is less than the quantity in respect of which duties were paid;/ k. C/ e/ x7 ~
(c) they are of a quality inferior to that in respect of which duties were paid;
% ^1 E6 M) K2 T. D' d(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ y3 i, U! B1 M0 vtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the/ l, J" j. k, g; P/ j
case may be, was made in respect of those goods at the time they were accounted for under7 G' }4 s: I5 o
subsection 32(1), (3) or (5);7 j/ i, `: q0 p
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for5 h U$ R0 B/ i' L
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
$ {$ s' e) x, ?" x. O" P0 xaccounted for under subsection 32(1), (3) or (5);6 x7 ~2 d% y% f: [- @
(d) the calculation of duties owing was based on a clerical, typographical or similar error;# \& }& E1 s6 F* e- a" b' K4 g
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* ?: E; l& T# C5 P1 q
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
5 X; U5 p) W; _3 T' }value for duty in respect of the goods and the determination has not been the subject of a decision k% N1 V ]. a" T7 W
under any of sections 59 to 61;; E6 |# h( N5 U4 k& s
(f) [not applicable to non-commercial goods];
' ]) g$ K( p8 d5 M(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# Z0 d% i* v4 D1 u9 Z(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based7 s: x4 o! O" ?& F- \
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
# C6 Y, u0 s8 D/ w& S9 O/ ~" Q5 wthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
% H! v% D' N- c(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; x6 S/ Y+ S" [, |, w
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
% c( l: w1 _6 N: c+ [(3) No refund shall be granted under subsection (1) in respect of a claim unless9 i$ q U3 i/ y, G1 Y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
- h' H' H2 \7 h& [( q! a2 Xrespect of which the claim is made or otherwise verify the reason for the claim; and. m' V+ A# Y; y5 B+ W
(b) an application for the refund, including such evidence in support of the application as may be" z6 c# |) d1 B5 f) \; ^
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the2 S4 q& t9 Q7 N3 J/ J& G
prescribed information within
( S ]/ z# i# L8 G: x& A+ o(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
- |; e( l- x& I" Oor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
& q9 {+ p1 k# Z' q. i$ N(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods1 Y9 ^- f+ s" f! c! l
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. c$ v5 h3 M: C& B(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
$ @& l( A* ^- f8 C( W+ G. Kthis Act as if it were a re-determination under paragraph 59(1)(a) if
* t, P- C; ^% ^- L0 O(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
8 ? I+ \# S/ X: _+ O* ?because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
" h; ]: |- L/ }eligible for preferential tariff treatment under a free trade agreement; or
, L) y9 A1 O h- w* e$ [, Q( X i: \0 `(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 v& o4 Z& ` m, Mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
% f! z+ R# c. h& P/ e$ _ Qincorrect.8 Q# N5 A5 c% q- L
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) t9 ^/ c0 O5 S# t
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground* R+ c' ]; G$ I* n9 P$ c J% B, n
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
( ~6 M- N# V5 ^1 j* H$ h/ Ewere a re-determination under this Act of origin, tariff classification or value for duty.& O) _6 m3 y# a1 Q0 E( P
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这到底是说可以还是不可以啊? |
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