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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
4 g; { [1 w* l0 i% D# H5 N, T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( w. z. k9 s W! x" j- x; u, n
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3 ^" y" ?! [2 r$ ^Refund Requests
( ?, l% f' W U0 c; l74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
* F/ h# Y* y; _% e0 R2 vpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part2 q o5 e% N8 M$ m
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
6 m: P8 q8 _" V7 n& h(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
P; q6 E. P: C: V+ M6 L6 ICanada to the time of release;
! b7 W, p% I+ r* h% Z(b) the quantity released is less than the quantity in respect of which duties were paid;
! H3 ]8 c: i; o, G- K6 n& w3 [(c) they are of a quality inferior to that in respect of which duties were paid;
# Y6 k$ x% A8 w6 g6 Z- u& o/ ~(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential. Z1 ]5 a$ w/ G+ Y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the# o$ ]1 ~2 x" U3 Y; p
case may be, was made in respect of those goods at the time they were accounted for under
+ n0 b d6 K# L; ~, lsubsection 32(1), (3) or (5);" k g" C- s1 t9 f/ r% V
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for% t) _. k: `7 R% X
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
6 k1 z9 ~9 F+ A& B0 ?accounted for under subsection 32(1), (3) or (5);2 |! R* D" m; T$ P& b$ |( c
(d) the calculation of duties owing was based on a clerical, typographical or similar error; j! q- h& S1 z
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). L3 L) `" e. @
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
/ a" w5 v2 d$ b% I& q3 Kvalue for duty in respect of the goods and the determination has not been the subject of a decision3 J1 w. t1 y1 A8 x
under any of sections 59 to 61;0 Q) d, c* b' R1 O, ?9 b
(f) [not applicable to non-commercial goods];
5 X2 z0 U/ V1 [5 |3 T5 ^, L(g) the duties were overpaid or paid in error for any reason that may be prescribed." V9 {& n/ }1 H. l1 M. [
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based* x$ E1 k3 j. [5 d# d0 U; \: f
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of& Z" e4 v+ k4 d; Y0 ]
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).# v8 q! v8 q3 C9 X0 w* n
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
+ q0 y1 O K5 ]2 q0 [unless written notice of the claim and the reason for it is given to an officer within the prescribed time.5 F& H; D5 X0 l. }1 t, w
(3) No refund shall be granted under subsection (1) in respect of a claim unless4 e+ V6 w2 E+ p! ~! B* j
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in0 I; Y; _# X0 R
respect of which the claim is made or otherwise verify the reason for the claim; and
, f% A" Y }# d4 w5 b1 [* K: f1 |(b) an application for the refund, including such evidence in support of the application as may be
4 ?& E+ r1 g' m- Y2 bprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
9 C3 B8 e) f+ wprescribed information within$ C2 q3 E5 a, f2 f: V0 F
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) J9 g( V. ?+ V9 x1 ~( k/ Q
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 Q+ z8 B2 J0 ]" P
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods) k0 u) w( B/ R7 X
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 t+ ^8 A. g- M7 y) q* T
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of$ v6 A+ K6 }$ d
this Act as if it were a re-determination under paragraph 59(1)(a) if
9 P" {' p* ]. M6 d% e; S' `/ Q(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied5 M! h4 C/ j% k( z
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not H' F ~! f5 W% W& B2 m; T
eligible for preferential tariff treatment under a free trade agreement; or+ z0 N2 s/ P+ K( {* S+ f- a# \
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
6 J1 e" C4 q. z/ ^0 k9 n' U5 @because the origin, tariff classification or value for duty of the goods as claimed in the application is1 x1 T5 }% @5 D Q0 \
incorrect.* d: K# J& q3 F0 W' l
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),2 b7 @/ v2 z Z8 ^5 m1 z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground j, X) X- M9 A8 J9 R, `
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ X7 e1 Y/ ^7 R h; _6 \ k' U* n
were a re-determination under this Act of origin, tariff classification or value for duty./ L; v5 H# Q: B
- \6 R. P- h* A这到底是说可以还是不可以啊? |
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