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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations- s0 d9 w+ l4 \# T8 f( y& m- r
上面说 非商业 进口 可以免关税?! e: p. e9 o0 y: f( w. q" E
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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" P$ z. G$ j& I/ @2 Y! CRefund Requests' v' D$ Q0 ?, y' V
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
7 ?8 ~) g2 a& p& kpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
# { C+ F A& x$ t2 P/ m Q) ^+ ^of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
q* D; X4 ?( E" {4 z. g(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to3 H0 ?2 p X$ [, z' j
Canada to the time of release;; n; p$ t; V6 w o. O2 H- C
(b) the quantity released is less than the quantity in respect of which duties were paid;
' z0 v. m! K, X. V, _& b# e(c) they are of a quality inferior to that in respect of which duties were paid;% r0 g5 v1 e& G
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
0 q) c# \5 b/ f" }5 Q, Y% Itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the- l; L0 I$ X0 ?% U' C% u
case may be, was made in respect of those goods at the time they were accounted for under: X# K7 v2 w- F j( B$ P" H" ~2 |
subsection 32(1), (3) or (5);
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% S# e4 L9 ~1 J; ?6 d! Z(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for. F/ H, B0 i6 I8 J4 m
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are& r" E R. v! c% H/ z/ _$ s: h
accounted for under subsection 32(1), (3) or (5);
. G+ w, A8 C3 G(d) the calculation of duties owing was based on a clerical, typographical or similar error;' l% J: a6 V1 y/ P4 |! G
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
' o4 g: \9 g- Cof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
* R0 q) `0 Q5 n! R0 r) f' ]value for duty in respect of the goods and the determination has not been the subject of a decision O! T3 i8 W' H2 e, X; |
under any of sections 59 to 61;
' P# A; Q" |. p( r% x(f) [not applicable to non-commercial goods];) j1 ~2 F' C. j" n% O' d
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
* o+ J4 L6 T% i; ~) K; K; |0 C(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based. E: ?- F" t- |4 U* F* g
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
/ v$ E- `' U: S+ vthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. t3 Z, k" _9 S- A* t) ~
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim9 J" r+ d" W! v6 q, |& d
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
; g" b6 C! m E(3) No refund shall be granted under subsection (1) in respect of a claim unless9 _6 C* X% Z; m5 Y1 _
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in1 V1 ?2 J+ U6 Y. n
respect of which the claim is made or otherwise verify the reason for the claim; and ~4 N% d) _& ^ q& u v4 L
(b) an application for the refund, including such evidence in support of the application as may be
* F) @$ _5 J A1 Y8 Zprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the$ M; A! B( b! a- K4 c
prescribed information within1 | k/ y) r# }+ M* a! t
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
3 ]& h3 H& x# ^4 xor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 d$ U2 M/ A1 R- h$ e) S# b7 q2 o* H(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
5 t8 L8 ?' z/ x5 f: | b5 x9 twere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# _& q: p7 `, F, C& q" M; B% |$ F(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of5 ^& H$ T+ y3 O5 p+ P
this Act as if it were a re-determination under paragraph 59(1)(a) if
$ ~7 C) `6 m3 ^" ^7 p0 m. C$ R(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied# q7 M6 v5 N5 P7 y& x
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not$ }' [, @8 N* {- K1 ~+ O+ t
eligible for preferential tariff treatment under a free trade agreement; or3 G4 p5 D0 C% {1 q9 N& C) c8 E' s
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 j W1 ` [7 A9 ]because the origin, tariff classification or value for duty of the goods as claimed in the application is
, R8 t1 f* o6 D: hincorrect.
; e4 ^2 A7 Z' @9 A. G' L/ Q9 t(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),0 D" r7 t. \- T2 l1 @
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 y6 \6 b5 A, ~& ]3 W7 N& I
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it! j( R* C" \$ p: ?9 H2 [
were a re-determination under this Act of origin, tariff classification or value for duty., Y( q/ G6 U: o, H5 u
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这到底是说可以还是不可以啊? |
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