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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
v z8 d4 _" O上面说 非商业 进口 可以免关税?
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% x& B& S" h( B. ~- ~3 l+ yhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf1 z( q9 c9 p3 `$ I8 b' d, m4 w- C; L
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2 R6 c2 ~- M$ c3 n6 vRefund Requests
" ?6 b) t- ]; f8 E1 j- H74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who l( E, o: }" ^# a! F
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
8 y* v D) t9 D3 i% b Eof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
- `. x% K+ p r c(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ C3 [5 J, u$ |; ]% _
Canada to the time of release;
/ R$ w- B) Q" i' p2 E(b) the quantity released is less than the quantity in respect of which duties were paid;+ h1 v( O5 C: ]; O8 W
(c) they are of a quality inferior to that in respect of which duties were paid;' I$ T. U) |, m5 R
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential0 Q( @7 l- n S
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the. j% E+ r# g; S6 d$ D
case may be, was made in respect of those goods at the time they were accounted for under9 g' Q8 f- C. i- K, Y; B
subsection 32(1), (3) or (5);4 q1 r6 Y) o9 c
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
- s2 I' r% Z F3 {' s" w4 B( s$ ~preferential tariff treatment under CIFTA was made in respect of those goods at the time they are) V' K& Y% z. P! {# H: j
accounted for under subsection 32(1), (3) or (5);5 U' E; w! B1 S0 U- C
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
+ {. k/ ?$ q% d# x(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)5 i% e5 s `, N# Z+ Z
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! B# ~5 E F4 f- Evalue for duty in respect of the goods and the determination has not been the subject of a decision
& z1 n1 L; X3 j6 S' Tunder any of sections 59 to 61;: j. V i5 Y3 P% u
(f) [not applicable to non-commercial goods];
6 t O" x! S. W) J6 D0 `5 \(g) the duties were overpaid or paid in error for any reason that may be prescribed.4 [# }% Z8 D8 u8 I# T+ _/ }5 h& M
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
9 t. x8 a6 |$ I' von tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" l! z+ n( ^% K3 V
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) x7 Y7 b0 ^+ X1 z(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim2 @0 J3 p6 y6 y: }; O8 ]8 b
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
2 D( J- C3 L* o1 P(3) No refund shall be granted under subsection (1) in respect of a claim unless
# |" |4 {% q1 F6 u(a) the person making the claim affords an officer reasonable opportunity to examine the goods in p8 ]: z7 D! L. i
respect of which the claim is made or otherwise verify the reason for the claim; and0 B+ j6 ]8 }2 Z/ y0 ^) E0 N4 U
(b) an application for the refund, including such evidence in support of the application as may be. L+ r# \- l8 o. A5 c. s/ ~" }
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- N: X+ k P+ b, h8 _* S7 Tprescribed information within
7 m. ^- e* w3 N ~& g# q(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% o+ }4 ?1 G% j! N) f, U; W
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
, V8 D% d4 D' t+ H' F! C+ b(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 D/ ~# e! E2 v* z5 }; z7 c( Z0 {
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
% {% F% B6 E' P. S1 l(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
! ~' o3 K7 y/ V9 X7 @/ q. mthis Act as if it were a re-determination under paragraph 59(1)(a) if: `0 F/ [# U3 u$ F) X
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied. m5 x w5 H5 W3 y2 a2 S8 J, y
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not1 ^. e7 w/ J. l' w0 A
eligible for preferential tariff treatment under a free trade agreement; or' ~8 P; L D; |8 i/ F/ @ k2 e
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied/ |8 p+ }) i" p. j* `
because the origin, tariff classification or value for duty of the goods as claimed in the application is& a7 J. l3 [- r# ^/ P' K
incorrect. N* m* J3 N" |$ w
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
* N! H' k4 _0 O4 W- n0 A8 @& a(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
/ Z0 ^$ g) H7 X" S& F4 Jother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
1 ~ f3 T [+ I; w6 Cwere 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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