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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations1 O/ I+ A3 g$ H5 C2 D
上面说 非商业 进口 可以免关税?6 S9 i C) p. o7 ?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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& o: ]: \4 c- wRefund Requests
J& Q( s( d- e l1 N& k74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
9 @& @ V, N; Z* w8 `0 P; c; Spaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
- M r# z. {2 X4 m2 ~+ {of those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 }# D2 h9 H/ u3 {# }: Q
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 u' K. a. ]" h/ a7 G! r! zCanada to the time of release;' Q3 H' M x f0 e+ U
(b) the quantity released is less than the quantity in respect of which duties were paid;6 A( L/ ]) [2 a9 Y
(c) they are of a quality inferior to that in respect of which duties were paid;
3 G: b9 u# q" z) i I, U# g' L(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential! r$ F) q2 j! y' v9 j0 J
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
2 O5 t$ h0 |8 M6 Ecase may be, was made in respect of those goods at the time they were accounted for under& r& ?0 r0 J @* s
subsection 32(1), (3) or (5);/ W& `1 o& I0 @$ y0 D
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
& x0 N' S6 B9 X, N/ rpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are; Q$ | ?( x% H* y1 G9 v
accounted for under subsection 32(1), (3) or (5);2 x$ V8 d7 v6 ~$ G
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% `$ K# e/ ~; E(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
& _$ B! u% z/ s1 t& xof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! I! Y! M+ F/ p" q1 ^; F3 `value for duty in respect of the goods and the determination has not been the subject of a decision
+ U; F5 |/ d7 D$ munder any of sections 59 to 61;! }6 I) V9 K# m6 b/ f9 d) c
(f) [not applicable to non-commercial goods];
. z% ]4 y: Y0 C2 @) O6 t4 n(g) the duties were overpaid or paid in error for any reason that may be prescribed.
$ ^/ e8 ~- X8 B; k* g' E- x' A& g(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 u6 `: c, w1 P, c4 X( S* d
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! e7 v- i+ P5 @9 e; J6 \1 @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
. l. V7 g0 j' l( h7 j(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
! c" O; b m% q) i1 Runless written notice of the claim and the reason for it is given to an officer within the prescribed time.: ^& a/ q( E7 p3 v
(3) No refund shall be granted under subsection (1) in respect of a claim unless
- d2 {3 Y3 G Y) q(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ |; b* H+ U# p% ` Krespect of which the claim is made or otherwise verify the reason for the claim; and
9 ]1 J* L" ?2 s+ |) E: X(b) an application for the refund, including such evidence in support of the application as may be: Z3 P7 T2 x( q. P) t( G X$ M/ \1 }
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the N! M/ q" L" C3 i0 T0 G
prescribed information within
. c5 j- K( d4 C7 w9 y/ [! i( |(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
/ e& [; s( _: R1 q+ f# D" lor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
: z" i; G6 ?; v(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods( E3 W" v! r9 {( X( f0 T3 h: Z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.3 N( r8 Q& c- U1 r
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of$ R9 x+ o- y* F5 ]2 C5 E
this Act as if it were a re-determination under paragraph 59(1)(a) if
6 B5 k. E* s. C. J% t- W. \ T(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied3 l; c- J [, M8 f/ i
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
2 d: H* I) p5 _7 [& q# C, ^eligible for preferential tariff treatment under a free trade agreement; or( t$ Z) F, i" M1 W" z
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
, M. x( _% Y7 A0 ]& d8 Q" w/ [4 \4 mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
* R! H N! U; l) S7 ^6 Tincorrect.
: j- u$ P, \0 a# Y% ^' v(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e)," l' M: J" j/ o4 {: v" v' t
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
6 N* r2 I7 H) F. N8 s& Q% v+ ?; ?$ _other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
4 U* o' q1 S* m2 P. Kwere a re-determination under this Act of origin, tariff classification or value for duty.
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* J0 T$ @& [7 J5 U. ~! l+ r" t6 Q$ ?这到底是说可以还是不可以啊? |
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