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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations4 P. u8 [" b2 D: M& J7 Z3 |
上面说 非商业 进口 可以免关税?( }4 g! H7 X2 G
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf6 @7 ~9 n5 e# w' `' B9 G2 W# @
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Refund Requests
1 X7 |4 v( i! }' ~6 [5 q74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* C5 v- Y, M5 f* V4 q/ hpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
. s' V% X* t! M/ R5 `/ Oof those duties, and the Minister may grant to that person a refund of all or part of those duties, if. G+ x b- o" {! F A
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to' Q$ [- L; n m0 W9 l5 O: T
Canada to the time of release;
2 S' G5 O, m/ ~1 d1 ~) E(b) the quantity released is less than the quantity in respect of which duties were paid;8 f& x; J/ {: M9 Y+ X1 B
(c) they are of a quality inferior to that in respect of which duties were paid;
4 q% S1 H2 ?1 T0 `% Z4 M2 V& Y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
/ m9 e/ ]; n5 g9 h6 i2 O( V/ [$ vtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the0 E4 {! M1 p( S
case may be, was made in respect of those goods at the time they were accounted for under& }- r: _4 x) K5 k3 O0 D& o
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for( {: p/ a( H% l/ `! H' q8 y, ~
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
4 l4 I, e X# [ F' [, ?5 G0 eaccounted for under subsection 32(1), (3) or (5);
9 z; ~3 p! C. i( Y5 i: f4 {) d' G(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 W6 D4 i- K3 }6 I(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)! H8 I- z' F/ P% M
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
* m+ x8 H( t, Q# P/ d2 O& \2 _value for duty in respect of the goods and the determination has not been the subject of a decision0 g. B3 l! O5 K! ^0 L0 q8 ?
under any of sections 59 to 61;3 }- }8 J* C8 t1 F3 {
(f) [not applicable to non-commercial goods];9 P9 M. u& M4 `8 N
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
! L/ z0 h5 X6 I) L4 e& S(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based @/ p3 i- d% g' S: P7 t
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 W3 V' ^8 v, j: othis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).6 \$ V8 S7 i3 g1 W+ |" B0 \6 c' G
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
9 f! \+ p) S6 n0 Nunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 j i! ]1 F& s6 R. M( {(3) No refund shall be granted under subsection (1) in respect of a claim unless2 B' x. S* \8 Q2 g( Z$ a
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
5 c$ e3 M! Y! p5 r0 {* c2 r& f( Orespect of which the claim is made or otherwise verify the reason for the claim; and% F5 m% I# o1 u
(b) an application for the refund, including such evidence in support of the application as may be
2 _2 a6 B# j# K. S0 n+ B- b# |. q7 Lprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the3 h0 I6 |, f- O1 d# o) k" ]
prescribed information within
8 a, p8 h% S, [7 A(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
8 d& N) @/ X; R _or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and* _1 n$ c1 M S
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
' O/ g' B/ w0 e# Kwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* l+ r* k2 s2 |
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of/ b* C. l9 N2 H/ z! s( j
this Act as if it were a re-determination under paragraph 59(1)(a) if- K+ W% s, h- T) o0 M
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied! p2 k9 _0 [& L6 U; e
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
4 Z; g, e( A/ y' |eligible for preferential tariff treatment under a free trade agreement; or# r- N/ \5 }6 Y* a" [* D% `' B- V
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied7 I8 `- C' Z! ?5 B8 G0 ^: `
because the origin, tariff classification or value for duty of the goods as claimed in the application is
4 c# d+ |9 _- nincorrect.; b+ A2 {; h; p) ]( G
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
7 v, ]2 h8 _" v7 `8 K(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 N% i3 Y) l, H( ?8 b6 ^
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" s/ T+ J: y8 f" e5 X9 `$ k) L+ X/ } `
were a re-determination under this Act of origin, tariff classification or value for duty.9 M' Q$ G7 H; \% P7 b1 S" z2 \
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这到底是说可以还是不可以啊? |
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