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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations8 u+ d, y; e' ]3 \
上面说 非商业 进口 可以免关税?: J0 R$ T/ ^+ J# R- O: l# i1 r
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4 A3 y3 ~; a* U U/ J9 Thttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
8 q5 @5 M: }" u* O- C) w" G! j74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 w0 ] F' c5 R$ _4 i- Zpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' X1 `5 l9 ? u
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
8 Q! F' L5 x9 W, s9 z1 W2 s(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 Y8 i0 N7 D) PCanada to the time of release;
% a9 J4 ^9 D) [% n$ r; o(b) the quantity released is less than the quantity in respect of which duties were paid;
! b: G9 Q* O: X3 Z6 n0 { S. y) E(c) they are of a quality inferior to that in respect of which duties were paid;
( z0 Z/ t9 t! ?; B(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# H% J' B$ m9 m8 y
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
: U$ ?% A& x, ]& fcase may be, was made in respect of those goods at the time they were accounted for under
4 S) ]( S; f: I9 Osubsection 32(1), (3) or (5);
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1 x# X4 A! \: s1 O" ^3 R0 v: [(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for7 a; q4 b8 \ Z, \$ U' P
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are: V$ J4 t1 v9 V( r0 a. k; r% N- `
accounted for under subsection 32(1), (3) or (5);
+ Q1 j+ @8 M2 m( k9 d4 @(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 s, j5 }& q$ C1 B* g2 g/ l2 G
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
0 [9 \/ l7 q" Gof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or8 i$ { y0 e+ {. e" h$ ^* R
value for duty in respect of the goods and the determination has not been the subject of a decision" h$ h2 K/ K" F5 @
under any of sections 59 to 61;
/ T/ [' w2 Q- A(f) [not applicable to non-commercial goods];& a+ ?2 G& f6 |2 g. m4 j
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
" r& C- `. V' `' _( v(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
& ~' R; `) T5 `$ I1 [; U, ] oon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) o( f+ z& X; L) f6 K
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
% g; f# x( f( S7 [9 Q(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
% |& x' y& R6 `unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
* ~ A# P) K, p0 _ ?. m(3) No refund shall be granted under subsection (1) in respect of a claim unless' Y3 M1 ]- t' A w; g) R3 Y% o
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in. l# d6 v& r* o; Z
respect of which the claim is made or otherwise verify the reason for the claim; and! b5 ^+ i1 l5 U2 n" }- X0 V+ B
(b) an application for the refund, including such evidence in support of the application as may be' ?8 J* `, }) k( D. ^6 I- s
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
5 J* Y0 K" q9 o/ J0 jprescribed information within% f, I3 d6 |5 X+ N, l! X9 B
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)$ V0 p u9 c" @7 [9 \
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
3 {9 n5 X6 @$ ^6 o6 V(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods" {% S+ O0 w) }( C: Q) ^8 Y
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.% Z+ ~, O" `7 U$ g& }( ]5 _
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
' y" x3 V! A5 W: s# bthis Act as if it were a re-determination under paragraph 59(1)(a) if
5 x1 p. a8 L' V$ k(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
) M$ W0 h' S- @because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not/ l, G4 [( {; ^2 J
eligible for preferential tariff treatment under a free trade agreement; or+ B% E' c* L& d0 i
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied2 y' M, |) a0 o7 H" f! s
because the origin, tariff classification or value for duty of the goods as claimed in the application is( E n' b* Q( {5 a1 E. M
incorrect.
" Z4 U0 ~' M/ F) V7 y8 k; l5 Q(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, y. T0 F# ~$ q7 o' p. Q! G" H(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground) x* S7 W8 [' E3 @7 D) B' P1 c
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it; R" ?: n5 t: b) ?7 t
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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