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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations, h' Q0 z2 {; [1 M
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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! e' A# E7 Z' I- R' U- e- L% pRefund Requests
6 s. t' p7 p$ C- P: b74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
8 X5 f" n4 e8 ~ Tpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part2 z. j* w1 k! ?/ w
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if P* X( K% z7 s7 A+ Z
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to7 @1 A( c* [" D* D# @6 I
Canada to the time of release;
( e+ Y* A) q, I) Q* ^(b) the quantity released is less than the quantity in respect of which duties were paid;
* C% p/ ]3 [( x/ _6 w0 V(c) they are of a quality inferior to that in respect of which duties were paid;
( ?, V: E1 X9 N8 c8 u; B(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: S7 F% b5 a# J1 y! I8 k: Q* vtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
/ @; [( ^1 ^0 S9 Dcase may be, was made in respect of those goods at the time they were accounted for under6 ~7 e: v3 ?# g9 H9 X4 D
subsection 32(1), (3) or (5);
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: i1 T, M2 D& @3 g* H( n+ N(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for% o: y! o( A5 p d" `/ i7 V. J
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are! Q" {6 @( b; G
accounted for under subsection 32(1), (3) or (5);- I3 A+ n0 j. P9 S% U7 {& C3 T
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
. O6 L" ]! R+ }" x4 t7 h(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
D8 [6 d/ \3 G5 {8 |of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
6 c3 o" _3 G3 Q! b6 l- tvalue for duty in respect of the goods and the determination has not been the subject of a decision
) E1 X* i1 P: e+ F& uunder any of sections 59 to 61;7 b+ B6 m2 S; p; s$ k
(f) [not applicable to non-commercial goods];
% t, F9 {: a7 X9 X* ?(g) the duties were overpaid or paid in error for any reason that may be prescribed.
' ?- F+ @" p0 U; ]+ I(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ o$ v, a$ b- ~& ~/ s( u: F# i
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 H" c" ], i0 y# N; Q
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
2 M) \$ m# [9 t! l# V7 T(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim( g9 u( T; m# `) _+ p% g0 Z
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ z! [" V8 `" ]$ _4 r5 r(3) No refund shall be granted under subsection (1) in respect of a claim unless8 U3 `8 F; d# Z8 n8 w
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
9 ]/ Q- d9 ~% ^' Z, @; urespect of which the claim is made or otherwise verify the reason for the claim; and
* s8 u0 s5 w2 O/ s |(b) an application for the refund, including such evidence in support of the application as may be+ r6 z; F y# X
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the1 Y4 g* q) ^: R6 Y
prescribed information within& j2 O9 t8 D7 w' d( v) v r' m4 v
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) y$ b' R8 H9 Y U( o$ v
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and$ |9 Y1 \) |7 D9 W) j
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; @$ w, R$ q" Z2 I* Z/ @
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
, q0 p! J8 u/ u* t) I8 |0 d/ F, k(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of3 |; L9 O% i$ J2 B, _
this Act as if it were a re-determination under paragraph 59(1)(a) if; Z8 s* C6 L( b; }/ T
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied# T5 U/ t$ i( Q# }3 ~" `, X
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not' X) L5 E# w3 D' C
eligible for preferential tariff treatment under a free trade agreement; or
1 T2 d+ K2 ?1 Y8 I7 S(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied; }% O0 [3 L0 `, c
because the origin, tariff classification or value for duty of the goods as claimed in the application is7 y* F$ B$ ^0 G2 Q( |
incorrect.
3 w' \: |+ Y, H" C; Q* H(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
4 ^- g1 m/ j( b2 J7 _: a* K/ R(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' Z7 I7 q: l( @- }, R: }& a
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it T2 Y/ U5 c# N1 y0 v
were a re-determination under this Act of origin, tariff classification or value for duty.
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* D. `0 G1 H' t0 [+ l9 s. i9 N这到底是说可以还是不可以啊? |
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