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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations4 C+ u( z$ O, I( i M( j1 A( `" F9 B3 c
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) w9 L) K5 a3 w
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Refund Requests
2 l R: T+ o9 M |! n8 P0 T74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 X3 @! i% s w5 ^- \) f* npaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part9 M$ N9 B5 B0 d9 k/ D, c
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
) B8 Z& ^. N8 v/ ]8 a3 s" i(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
/ B$ s; h% a! O7 E- wCanada to the time of release;
& h/ A; n) M, d3 r(b) the quantity released is less than the quantity in respect of which duties were paid;
]8 @0 Q1 J8 [7 A7 E(c) they are of a quality inferior to that in respect of which duties were paid;8 R: u4 u+ B) E" L$ q t( s
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential- ]6 w6 N6 F/ y$ P( ~8 ^
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the# p7 n. ^- [3 s% H0 {5 A
case may be, was made in respect of those goods at the time they were accounted for under
. @6 T1 Z7 J2 h* Y" f, y. u2 H5 jsubsection 32(1), (3) or (5);* G$ ^6 L& ]6 m
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
) J+ ^! f# }4 m4 J( zpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, j4 F" V0 V9 X: f4 \* qaccounted for under subsection 32(1), (3) or (5);& Z( E% F! u8 P4 y4 v4 G+ L
(d) the calculation of duties owing was based on a clerical, typographical or similar error;1 p3 o+ ]1 ?# D. E6 n C
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
( b! C( j9 r$ q/ ?1 b- |/ Zof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
, Q! I7 K B+ f! T1 {value for duty in respect of the goods and the determination has not been the subject of a decision5 g3 X# V' r3 ^: x+ m
under any of sections 59 to 61;
. q: S1 a. _. \% f4 I: |) a(f) [not applicable to non-commercial goods];
8 w3 N5 n0 D' t) k. Y(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# ?2 ^- X5 L1 y1 p3 b$ w(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. F1 T4 J" P' r% B/ y/ l) d6 won tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! I; f! A1 ]6 v( A# A6 d" e
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).# @/ i, X( c$ e4 e
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
8 {3 A9 w% m* O. \" n& C* ]7 junless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) Z: b- u% b5 r- }9 ~9 D$ Z(3) No refund shall be granted under subsection (1) in respect of a claim unless, G8 f/ C- `* W: [0 N; c
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
" Y, b) x& p' z: C; R; ]respect of which the claim is made or otherwise verify the reason for the claim; and
! r% @4 Q0 x! i0 {) M7 Z(b) an application for the refund, including such evidence in support of the application as may be
: ^8 k7 n# ]4 v0 }7 D) A, qprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) V1 W& u3 | Zprescribed information within
0 H& l% C8 i0 S) B _, M$ S(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
\0 B. F6 \2 f) ]% uor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: M' i6 A( O7 o/ k: C+ N(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods+ A0 k9 ?& t+ `$ U1 S
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
! |/ d' n5 o; @% |8 m7 _(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
4 }5 J, w: O9 S! V+ vthis Act as if it were a re-determination under paragraph 59(1)(a) if
% v5 }& U( ?; O' a(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
4 w( K' W/ I/ a& }5 ]3 n( k' fbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not5 k- I3 }: L& H( m! ]
eligible for preferential tariff treatment under a free trade agreement; or/ \6 w9 |* X5 r# C* _4 r
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied$ a2 i E. h7 W) _! [8 ?. G0 S
because the origin, tariff classification or value for duty of the goods as claimed in the application is
" L: n4 [1 f+ s; Z/ jincorrect.. B4 `/ C1 Z* c6 B, ?; g& ^
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),9 q9 y0 Z/ X2 f5 p
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground# A \* [. B3 A. v
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it/ p9 Z6 c6 R. V$ G1 ^, m7 B' \
were a re-determination under this Act of origin, tariff classification or value for duty.' ?+ V% Y1 L2 l# ?
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这到底是说可以还是不可以啊? |
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