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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations, ]8 \/ [2 K* c% K
上面说 非商业 进口 可以免关税?. E) h7 Z @8 B1 n
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
' Q, h2 X1 h9 w2 T: a% V74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
# Y; j- t" b2 R; T+ ypaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' F9 S, c' F+ H4 B% hof those duties, and the Minister may grant to that person a refund of all or part of those duties, if) y& m( g+ m7 q% [5 i+ V
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
& c3 L2 l4 F7 K8 ]8 ~5 LCanada to the time of release;
6 y T8 H. M" t7 z) j! j: t1 w" F(b) the quantity released is less than the quantity in respect of which duties were paid;
4 A5 S$ R% r* \ R4 {2 G! x(c) they are of a quality inferior to that in respect of which duties were paid;
1 m+ Z- x4 p. I; s4 N Z; x: N8 l(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential4 @8 G+ _# e) v' k' E. f* Y" b
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 o2 y) H) V* b$ \/ Ocase may be, was made in respect of those goods at the time they were accounted for under0 @- H L" c& R4 b) G! Q! E( M
subsection 32(1), (3) or (5); }" X: p# l1 @. {! w) l9 v2 J
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 j r4 Q0 c( r& cpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are; k. A& O$ Z$ d" E2 @4 F3 @
accounted for under subsection 32(1), (3) or (5);, E2 O% W( l7 A" k8 n4 A
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
4 u2 Z2 Z+ q8 e(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* o7 F; T' P) |- Z( \2 P9 l c
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 |$ C0 {' L6 W. i: X: t& F
value for duty in respect of the goods and the determination has not been the subject of a decision
" X; q1 E ]0 T+ j! m$ ^under any of sections 59 to 61; A. @" z$ R* R5 s' ^- [" F" m& x
(f) [not applicable to non-commercial goods];
3 e; v& H; d( x+ n% v(g) the duties were overpaid or paid in error for any reason that may be prescribed.! g3 D$ b% b' ~; H3 Y# w: w1 Y
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
. \/ H+ f, ?2 q# b/ ^) R/ Won tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of- ?# U4 [3 t% M% ^9 o( p
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).1 W8 m+ K+ C$ W# R
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) X/ i! \' m& ~& }% k
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 a. n& I& D* V* t/ [3 Y; p
(3) No refund shall be granted under subsection (1) in respect of a claim unless, g/ S4 ^% {$ r1 X! {
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in! o9 w/ T, ]* Q) V: P
respect of which the claim is made or otherwise verify the reason for the claim; and
2 Q+ U2 _( Q& u( }, f( ]8 [4 }(b) an application for the refund, including such evidence in support of the application as may be
1 w" N7 ~: s6 n* ]4 F, Pprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 ^# a; M3 _* C
prescribed information within
& M! y9 z" k/ Q; O+ u9 j(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)# \$ k5 v1 y( R) S7 ]
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; W. D9 t4 ~) g5 s$ Q% Y6 R
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
7 ?; L6 u) E1 O- J4 x5 Fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.- X2 j2 r# a2 `' j0 Z4 _
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
) [# \! J" S2 O7 R% I0 e& b% dthis Act as if it were a re-determination under paragraph 59(1)(a) if
' J% x1 d4 m0 z1 K& N; M(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied6 x; `% c2 l) z- O# T( O! b
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
G' Q5 [; k) ?6 B' F+ neligible for preferential tariff treatment under a free trade agreement; or5 w; f$ F, Q/ h
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
?: E8 J2 I3 b0 gbecause the origin, tariff classification or value for duty of the goods as claimed in the application is. z, F; v! `( G; R, @7 c2 v
incorrect.
+ j' F3 ^' x# X, I3 o(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) _1 w$ d7 Q" a S
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground7 v# P0 `. q9 @
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it7 y" S) |9 t7 q$ k4 C
were a re-determination under this Act of origin, tariff classification or value for duty.) _6 J# S$ k* e4 I8 q3 x! \
* m4 w/ }8 t9 k( R7 z/ _这到底是说可以还是不可以啊? |
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