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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations2 j- q( o! y2 l* b- r/ H% O: t" _$ Q
上面说 非商业 进口 可以免关税?! ?4 |. V/ W; v* h' E
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, Q8 u8 d" b) p) h2 ]# N, U6 }- Q( Hhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
& g# Y2 L/ i3 d. q/ @: {74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who: k5 T' P/ z/ @
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
% B# V6 f8 u, j( q+ v5 M. ]! Mof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
+ k9 ~ G8 t" D' L(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
& [ P0 N- t" c& QCanada to the time of release;
, I0 G0 Z8 {" W' _! L. T(b) the quantity released is less than the quantity in respect of which duties were paid;
. N/ }) q( W! r/ }(c) they are of a quality inferior to that in respect of which duties were paid;
L. U; M3 ] j" H(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential) w* t1 n# Z+ t/ n
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the B' {- \2 j% L3 g/ J! v# H' |( P
case may be, was made in respect of those goods at the time they were accounted for under
& K9 o* A9 T/ j: ^" h4 }- ^" Osubsection 32(1), (3) or (5);
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3 T2 J5 f& G4 |( a# j, w(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
6 n& t- \6 I Z$ |preferential tariff treatment under CIFTA was made in respect of those goods at the time they are. j( E3 [2 u' l4 g
accounted for under subsection 32(1), (3) or (5);* O$ }6 f: {' _+ W
(d) the calculation of duties owing was based on a clerical, typographical or similar error;8 B) o4 q" ^1 k4 F& o3 h2 b& Y
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) P6 U- x' C7 v
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
( h4 k* x2 V& s3 B* \8 H) avalue for duty in respect of the goods and the determination has not been the subject of a decision" q% ~; O) l' f, B. W q; q5 U
under any of sections 59 to 61;
0 `' }) s" K1 ]# _(f) [not applicable to non-commercial goods];! N, t4 M: N. m9 |
(g) the duties were overpaid or paid in error for any reason that may be prescribed.' ]7 Q) ~6 L4 }
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% { C/ g$ Y- k! M
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
& _5 { }. ~! z8 r) b. gthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).+ S& n& `5 m6 d, p0 m0 Y" V, B' U9 F
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ I- E" c( H# s% R; t) Vunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
7 S7 Z( y0 J* I5 v& k. ?) m(3) No refund shall be granted under subsection (1) in respect of a claim unless
( u" V A0 V" c7 a, B; C(a) the person making the claim affords an officer reasonable opportunity to examine the goods in$ p/ v/ o8 y/ S3 @2 k
respect of which the claim is made or otherwise verify the reason for the claim; and: y3 y' p6 \+ v/ D& e: N
(b) an application for the refund, including such evidence in support of the application as may be' j& z% K+ ?6 C' q1 }
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 ~) N n9 I2 I0 ?, c8 [
prescribed information within/ K8 }+ q) [/ ]6 {
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)6 q2 ^/ k! V4 t" ?1 `+ q& J* {7 Z
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
( J) U. M8 u: h' ](ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; \4 k- I, A7 {) M0 O0 J2 Q5 b
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) ?2 S# B: X" G0 a' o6 `
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
+ k" A& j& g+ [( T8 j( ~this Act as if it were a re-determination under paragraph 59(1)(a) if2 e) y) ?' U a7 v* a9 Q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
7 |* _1 @& c5 { M5 _because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 z8 c; ?: c0 K+ O: @
eligible for preferential tariff treatment under a free trade agreement; or
) g2 S' y0 n( a! o(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
& K9 {8 F& d* k$ R( K, j4 Hbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
* R5 X* D4 R0 ^% N7 c7 fincorrect./ Y3 A6 K/ s+ A5 p, w- B
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
& k9 N6 n7 m/ i% S: J( I2 Q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
$ b, u$ w% p Z$ ?other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# d1 C# u! P9 \) j# e9 Q3 _& p
were a re-determination under this Act of origin, tariff classification or value for duty.
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: U# C! ]8 v* w3 k z! g这到底是说可以还是不可以啊? |
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