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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
0 O) F1 b5 \ B, g) r; s: |7 p上面说 非商业 进口 可以免关税?9 `5 `5 |8 _1 ?# H+ R
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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" ?* U8 a, A& t! M! CRefund Requests& H( A* `$ w; e$ p# a, z
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
- T: L2 C! L) D4 C) Opaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part# a% V- V* o: g& S
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
3 _# S% G' [+ w; d/ g8 y(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to3 z6 v. g4 d" C: ]0 }
Canada to the time of release;
9 i% q+ x/ i4 y, m0 p(b) the quantity released is less than the quantity in respect of which duties were paid; W/ A3 g: R7 V, ^
(c) they are of a quality inferior to that in respect of which duties were paid;, W/ `4 [/ b: I. r+ m
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
, s2 p5 Z o: F4 Z. Etariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( t! g7 j: p; C. P4 Bcase may be, was made in respect of those goods at the time they were accounted for under) C- H) K. M* C Z; ^# C
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 l2 f( j0 f0 Z- H7 V7 [preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
, y9 T: ] r ?0 e: w' } {- ~accounted for under subsection 32(1), (3) or (5);& E+ ?% P* v1 X/ j+ H0 ]
(d) the calculation of duties owing was based on a clerical, typographical or similar error;# C8 Q1 d9 [2 \5 l4 B6 _! ~9 n
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
0 ~7 p% m' L( R& s Uof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 z% P( y8 o# _! Y9 W2 Avalue for duty in respect of the goods and the determination has not been the subject of a decision
8 S* V4 A6 y$ q6 B. _under any of sections 59 to 61;
. {8 Q9 C1 a7 _ H% n; B$ C(f) [not applicable to non-commercial goods];
2 x: u4 v# _' j1 H(g) the duties were overpaid or paid in error for any reason that may be prescribed.# I" @, `$ g% y5 ?: c
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based/ R# H! ~+ E2 L) E3 v9 r
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 A) _2 d+ m) Q" Kthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).( u& P& U# [7 f6 M& d
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
g$ I/ x8 R' m- J Uunless written notice of the claim and the reason for it is given to an officer within the prescribed time.( \/ H( w9 J) `1 t% N8 j# h9 y" b
(3) No refund shall be granted under subsection (1) in respect of a claim unless& O! g3 n- F [4 Z) P
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in" ^4 k8 n7 z2 ]* @ c7 {% }
respect of which the claim is made or otherwise verify the reason for the claim; and# G+ s0 E. p! @5 ]# g* Q1 A- F
(b) an application for the refund, including such evidence in support of the application as may be; }0 S) q& B0 X: t9 v/ J r
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the' m& u( e/ F- {1 E9 ~6 K% A2 o
prescribed information within0 f5 o# ~: j" D/ y" j
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f). P: y$ `# `. j/ N
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: T2 ^3 u* f8 f* ^6 ~3 q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# r; C& |3 [2 O& B4 O" B
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 M/ X4 a) Z/ X% C8 N5 K
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of% f: p' F# z: z5 ]! r/ S
this Act as if it were a re-determination under paragraph 59(1)(a) if2 L' i1 W% ^4 T# H- a* L
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
/ D. j2 _0 L1 K8 O! L1 P+ Vbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not8 ?) Q' J( w9 L
eligible for preferential tariff treatment under a free trade agreement; or9 d* M: {% S. J. i
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
9 c& V6 R1 i+ R( A) Gbecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 s, k' V; d& L3 B ~% Q
incorrect.
" A A2 m$ ]4 M. \- X" o(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
! B! Y. T2 r5 A4 b2 p5 s(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground* N* E: O: T4 Z$ e. Y
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
/ K7 i2 T O3 h2 Y+ 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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