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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations8 j8 ~! b9 M# \1 y7 l- J' m: Y
上面说 非商业 进口 可以免关税?+ f* c; y5 q+ Q( K; t# J
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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5 j; e; _/ j R. ]: x1 k+ SRefund Requests( O4 a4 W. O( M7 O1 _3 W; M
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
' e, `& d' Z5 L, c7 Y& n4 g! F8 _paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part f3 o/ I* W: Q5 [
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if* r/ N3 z7 X: t" `1 M
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to! h; j- X4 Z$ f% U% i
Canada to the time of release;8 K3 b- [# I% C5 _. i
(b) the quantity released is less than the quantity in respect of which duties were paid;) Z* t% }) }9 L! O1 m
(c) they are of a quality inferior to that in respect of which duties were paid;
7 [: `1 n, A0 Q: o& @8 K. S& a(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential3 t4 B- p2 X h5 R e
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
, i! F6 {3 y6 b- w* jcase may be, was made in respect of those goods at the time they were accounted for under
. N. ]# {8 W1 usubsection 32(1), (3) or (5);+ \6 p2 q: }9 V3 s2 }6 @
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
; |* k: Y- b l! M3 Y L9 gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are3 O8 H: T, R7 y) T# m. Y
accounted for under subsection 32(1), (3) or (5);
7 Z- n' f7 x4 N6 v(d) the calculation of duties owing was based on a clerical, typographical or similar error; Z+ N# d+ x2 s5 H# z
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) t7 L" b# A* T: j* V
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 i3 ?3 A6 H/ P) W/ W; Z$ L" W
value for duty in respect of the goods and the determination has not been the subject of a decision2 k6 T8 M. X' x c6 {8 x
under any of sections 59 to 61;( J- T1 l8 D: F: |4 n8 E0 B' U$ L
(f) [not applicable to non-commercial goods]; ]7 ~: t, K2 I: ~! D# R: b; v4 h
(g) the duties were overpaid or paid in error for any reason that may be prescribed./ w' t0 r& C" h+ {
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
: G& ?+ j! l& W; f7 {9 _( |+ |- v# `on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
$ {+ I y9 P7 M t) {7 q9 Sthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
% @/ S0 k) e1 i5 }(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 A! n0 o0 a6 h5 D5 i- k
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.$ a: x/ g- n& x$ C) z+ u8 j# ~
(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 R4 v- R5 v7 r' s' T5 r, `! G(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 w9 I# @# T! g1 y" M7 }5 G
respect of which the claim is made or otherwise verify the reason for the claim; and
2 h. ~$ q/ P0 L(b) an application for the refund, including such evidence in support of the application as may be* V8 {& J4 g4 I
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: v9 J' y# P' ~' O) b; a5 m1 Y/ e
prescribed information within
6 j& E# Z9 I7 _! X(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
" C3 E0 m- a0 U5 d( oor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and9 g, P- H+ n( k! j/ w% T ?
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
- V* `, T( N. g- Z' _/ lwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
+ c4 w8 i4 v$ X(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; C! b7 S2 ~5 F. y% d: b
this Act as if it were a re-determination under paragraph 59(1)(a) if" x1 G, _! r& E/ Z# s* r. ^
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
! o3 Q% e; h4 g9 V3 w! f# I+ G$ obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) |% R9 M& Z" Y: I( z8 e. k5 H
eligible for preferential tariff treatment under a free trade agreement; or
1 @ `* d* L6 I5 K! D' N' F(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied* Q! p& n( c: q* v' j
because the origin, tariff classification or value for duty of the goods as claimed in the application is
$ v |: s) Z5 I j3 dincorrect.( b* [. y5 |. N1 K! ~) M
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
: D6 _2 x1 o r" ?0 m+ M; z0 Q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
7 W# m" ^- O, }1 _9 K- ^4 K' ~other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 f' O, }& a3 j$ F; e9 gwere a re-determination under this Act of origin, tariff classification or value for duty.
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' O+ u; C7 A! ]1 x8 u9 W! F" ]这到底是说可以还是不可以啊? |
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