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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations2 F* J& h4 |5 }: J6 P3 [# c! J
上面说 非商业 进口 可以免关税?# N8 e! C& @: f1 D8 Z
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- C& S- I ?# \. K' Z0 `http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf1 k4 J& z- Z( r5 q- C
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. M: v, B* [& |% URefund Requests
: I# d) `9 A0 O1 `/ P' J$ B74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who% X0 e; S. X% x4 v
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
7 |# B5 c) ^5 Yof those duties, and the Minister may grant to that person a refund of all or part of those duties, if! m1 P; ]" c& R, B! u
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to0 j- j+ d) A% [6 `
Canada to the time of release;
: k7 D* c. A) I% W2 l! j(b) the quantity released is less than the quantity in respect of which duties were paid;, \$ k% M2 ~4 d& X$ U& x8 D
(c) they are of a quality inferior to that in respect of which duties were paid;% h# |, N+ R# S9 a+ t: a* W! U
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
7 _) U( i q/ z3 p2 J" |% Jtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
( C; _9 r. m `4 _case may be, was made in respect of those goods at the time they were accounted for under6 n( e O. x+ l4 K) l- t& S
subsection 32(1), (3) or (5);
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7 [6 |7 U5 r: v7 Y(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for% Q1 E0 O8 d+ u; F
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
* Q/ v! u! j( `( A/ Maccounted for under subsection 32(1), (3) or (5);# ~, ?, E6 V0 f; Q
(d) the calculation of duties owing was based on a clerical, typographical or similar error;. n; C9 P! M) Q0 L
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* `8 \# P+ k* `& Y. W
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
- V! W. J* c$ W3 J Kvalue for duty in respect of the goods and the determination has not been the subject of a decision
. M. K5 Q( |( W! g$ P7 L bunder any of sections 59 to 61;2 {% L& X# c9 H7 e
(f) [not applicable to non-commercial goods];
9 J5 Y0 h% @& c m(g) the duties were overpaid or paid in error for any reason that may be prescribed.
( G0 M$ F, }5 \) G* |) J0 u) B(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
1 r; }! q6 n: r% Ion tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of# K7 e) h. ?( O! F2 t
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 R+ c" V/ l8 l8 S(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
0 b) B$ C/ `) j$ {unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 p: V2 R9 ]' v0 [3 _& Y$ E(3) No refund shall be granted under subsection (1) in respect of a claim unless l7 e6 }/ q; V8 u6 h
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 e2 F# H3 k4 [( c/ A7 }* K9 t ~1 T
respect of which the claim is made or otherwise verify the reason for the claim; and& ?2 L, N) W& F
(b) an application for the refund, including such evidence in support of the application as may be& N* }4 i( k" \# v# d' V5 V4 [
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# p/ m' K. g4 k+ l7 R! h1 [# Nprescribed information within
4 ?6 n% ~" X6 O(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): D: F/ ] o* X6 [) p
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
/ X, r+ W7 R! }* P8 Z(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
* p8 A u4 f4 swere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.: R, ~ f; k) c; ?& \
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; }, q* T9 s# |7 I& p1 y
this Act as if it were a re-determination under paragraph 59(1)(a) if
& V ~' a: u3 {, f5 a" H+ i& q(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
2 H8 g* [& i6 i+ G4 Dbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. r% z" i: J' ?, ]3 {/ D( Leligible for preferential tariff treatment under a free trade agreement; or
6 c P+ c h* r1 Y* s& c(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied* l, W2 H/ u8 g# E) K" y" I* T/ S
because the origin, tariff classification or value for duty of the goods as claimed in the application is
. o. y' T$ ~0 q8 S) U3 H6 X' Sincorrect.
4 G/ t j7 ]" {(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! ^7 @0 M j& W$ h0 _2 r
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground& r! Y# a) E" I
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- D4 i- p/ h' C9 h8 P" cwere a re-determination under this Act of origin, tariff classification or value for duty.+ I, R$ a1 k/ H: X3 t9 D
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这到底是说可以还是不可以啊? |
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