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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 e4 e; O1 A8 l3 u' |9 @
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
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) Z4 |& T/ T, }1 KRefund Requests
: H0 r& v' L0 y" f4 t74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who5 z/ Q2 k( o0 J
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part5 t. R; M5 s! t
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if. k) A1 q p6 {& l
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to% ]2 c" w" R3 j% R* r) [
Canada to the time of release;
& Q+ b0 b& p/ y' z; L. Y% k(b) the quantity released is less than the quantity in respect of which duties were paid;. v* P, R+ N; I, G J& V4 I
(c) they are of a quality inferior to that in respect of which duties were paid;
* V( l9 c' H1 `(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
6 V+ e& O+ O9 k5 T/ ^* Etariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the, d2 [% x$ U: v2 m& P3 H
case may be, was made in respect of those goods at the time they were accounted for under
0 j; Q# t# {1 A1 J Psubsection 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
3 e% J5 b8 j4 x% s) j8 ?preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
. g# Y+ k7 Y$ [, Raccounted for under subsection 32(1), (3) or (5);
: U5 k1 O8 D) d% Q(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 z7 Y0 e( s4 s3 @$ o
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
2 r! O3 { O3 r3 k2 Y: _) a( `of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
, t) W( }# J6 V: gvalue for duty in respect of the goods and the determination has not been the subject of a decision
0 L6 r3 `) D2 ?% p& @under any of sections 59 to 61;
% }# d: ]8 ?3 O(f) [not applicable to non-commercial goods];: r' k$ d2 c9 \. S8 A
(g) the duties were overpaid or paid in error for any reason that may be prescribed." s1 F6 k) f( ^; n- P
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
g( Q1 I' c& z' Hon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 d! g$ W6 X. k8 h% ~' k# H* E
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
- A! L% g3 v7 W6 ?(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 Q" f' L2 N3 B( l) |7 K2 Wunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 R* Q5 g% z& B9 l0 J(3) No refund shall be granted under subsection (1) in respect of a claim unless' F- M" K% Q& N) v
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
. L7 B2 d5 |( Jrespect of which the claim is made or otherwise verify the reason for the claim; and9 O6 C+ b5 w9 k) U/ _. ^; _' t
(b) an application for the refund, including such evidence in support of the application as may be
& y! J* b8 A4 C9 L) R/ Iprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the6 C$ U; z, v" F9 r
prescribed information within
6 e9 J" T2 b/ q4 f4 g9 {& B(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
8 r/ P7 Y5 |* v4 L: ]1 H" kor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and, B# E) k& P% l4 Y3 ^
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods$ C5 d: ~3 Y, Z& }! _1 R+ x; d* [& p# {
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 Z; X M* l- m/ f(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 z8 |6 ^+ {" n' ]
this Act as if it were a re-determination under paragraph 59(1)(a) if! R0 s3 G5 k/ ]4 V0 s4 ?# o/ ~* G
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied! t$ @6 d0 x; S
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not M* s, ?+ H/ X8 f
eligible for preferential tariff treatment under a free trade agreement; or
5 N8 i& D( j2 T% _( P0 X: w4 v(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied- f2 \! k/ E0 Q2 G& l. n+ @
because the origin, tariff classification or value for duty of the goods as claimed in the application is
1 I1 m% M& n G0 aincorrect.# D+ C' \) ^ U7 ~& K( L+ Z
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
. {' x9 ^5 L( Y6 i0 p# C- ?(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
" e% g* d4 N. ~6 i9 `other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it$ D9 l7 R/ A' y! e& V+ r
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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