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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
b3 m/ {9 O! J7 @$ j上面说 非商业 进口 可以免关税?
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' E" @1 a) w" G% z5 vhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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7 e& z* ?3 z2 b2 YRefund Requests
) Z" q( z* j: |: a3 a8 k/ W74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* V J: n" o$ [& t4 h' p
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part$ N8 ]$ f3 y! A. G
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if& ~! [4 ^% z& l) r/ U* A# c
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to# ^! `: {% ?% l7 e
Canada to the time of release;
' O% h4 E; Y4 d) u' [$ \) k(b) the quantity released is less than the quantity in respect of which duties were paid;
+ z# A; }4 F Q3 _(c) they are of a quality inferior to that in respect of which duties were paid;
$ |' p1 T' M2 k8 K( x(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential6 q1 P7 H. s! m8 g1 U$ a
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the3 i1 {! g3 c8 q
case may be, was made in respect of those goods at the time they were accounted for under" s( S8 y" {* Y' V0 D
subsection 32(1), (3) or (5);
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. I s) b/ R, R, G(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
! o- U* P3 S5 l. Ppreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; Q* p; n8 G9 u' kaccounted for under subsection 32(1), (3) or (5);( {) z# t) o+ e( q6 s
(d) the calculation of duties owing was based on a clerical, typographical or similar error;0 |, X4 S4 `" k! z! Y7 t/ U6 B& a3 K/ h
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)4 I; d9 g* d% ^
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or! `4 e( o# w% r) J+ C" `1 L
value for duty in respect of the goods and the determination has not been the subject of a decision
( k- y7 V# e5 d A: j$ Zunder any of sections 59 to 61;/ w0 v7 U' i0 I
(f) [not applicable to non-commercial goods];9 ]: e) E8 r* k* N" j
(g) the duties were overpaid or paid in error for any reason that may be prescribed.+ U7 `: C9 k" I+ T8 v; o
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based- ~: w$ N! J1 m. J6 K0 h
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 {) }: b" p' n h% i' r
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 z/ U5 R) }3 i1 ?4 Q(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
( O2 n1 T; Q- z; _6 xunless written notice of the claim and the reason for it is given to an officer within the prescribed time.1 Z. W8 i2 g2 B1 e
(3) No refund shall be granted under subsection (1) in respect of a claim unless o% ?" y2 w6 C9 P) M. Q8 G( p5 k W
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ @+ W5 h% F& l7 L( A. r( l5 O8 \respect of which the claim is made or otherwise verify the reason for the claim; and) P% H* P. O- u7 o9 H5 J: B( w5 [
(b) an application for the refund, including such evidence in support of the application as may be+ I9 k" @& E; H" L0 N( U
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the* [' W' {4 @7 F* l1 ~ O% X! p
prescribed information within; d$ R9 H4 D4 Q- N# @
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% _: h0 |+ W/ e3 ~: [( q' f
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and1 x1 ~3 \8 f3 b
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
, K5 s3 U: E9 P# N# e Rwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.& _ d' V( |! P* ]' @
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
- `6 h$ W) ~0 \) f; d% |this Act as if it were a re-determination under paragraph 59(1)(a) if5 T) ]9 a" F" I8 [" j3 ^2 R
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& j9 S. S1 x" \( `/ C/ F# C+ Ibecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
; f& m& }9 ]4 f2 k3 i* ueligible for preferential tariff treatment under a free trade agreement; or) G5 s! z) ^+ k' {- K) y7 |
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
$ U( G# @& c: I2 v! ^2 o! Qbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
+ t' ]" e$ [# {incorrect.) B) a; `/ I/ Y/ R
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) D S J; Z# [0 p# i; g6 {! H
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
4 f# f0 B3 d6 ^0 [ ?' Qother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it2 I0 T2 y1 j3 C6 y) ?
were 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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