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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations0 j. g4 A5 ]7 s) V8 o1 y& q6 n
上面说 非商业 进口 可以免关税?
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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6 R( Y% d$ X; i* J4 URefund Requests
+ @2 }9 U( m! Y0 p$ A' h" z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who' j1 s* e* y J3 ]/ n/ F
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
2 v! ]4 y( A% p H! W* Y( rof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
* }% j+ b0 J: D3 i# }- P0 O# O( |1 }(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to# R) I+ N1 }0 G
Canada to the time of release;% s4 B# q4 x/ ]4 t
(b) the quantity released is less than the quantity in respect of which duties were paid;
/ l* L' x( n$ {0 @2 Q, J5 C6 Z8 o(c) they are of a quality inferior to that in respect of which duties were paid;5 H+ P6 R6 f3 \, ?# H
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential( `2 V) \5 p+ F) j
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the* K# m6 |! w) N! \
case may be, was made in respect of those goods at the time they were accounted for under
' I6 [+ b% ~9 q$ u2 E% e/ i/ Q/ U, Nsubsection 32(1), (3) or (5);
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; {# E3 Z! L7 z0 g( t! _ B/ T3 Z(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
. \* b7 Q' `" D: w; \$ Dpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are' c t# D. x0 ` i- f9 ?9 M
accounted for under subsection 32(1), (3) or (5);
1 w; W) [) f# T% \- s& v(d) the calculation of duties owing was based on a clerical, typographical or similar error;* ?+ t$ z+ y( _8 V; I# r" i
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
4 K* F" _) v" @of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
4 V. a# e: t& I: r' [value for duty in respect of the goods and the determination has not been the subject of a decision8 w9 t, F" s1 l( ?
under any of sections 59 to 61;
( j/ b3 q7 T% T2 E0 i(f) [not applicable to non-commercial goods];7 I$ R0 h) a( W6 I
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; p: t& d; s# f9 F i2 c( G(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
5 B0 X! J3 x1 ]( z5 f$ J3 \6 t! Oon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; [! G$ |/ i3 Y5 G% @- ?
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 b3 V f2 o9 p7 o' `- h+ k(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim: o& A; Z4 T6 ]( G
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
. X" b. V# }, }% _) `6 q(3) No refund shall be granted under subsection (1) in respect of a claim unless
" V _) L$ z( F6 |(a) the person making the claim affords an officer reasonable opportunity to examine the goods in4 M1 L8 d1 z0 J( R: O( U" F
respect of which the claim is made or otherwise verify the reason for the claim; and8 @6 e& b4 S$ |9 B9 c
(b) an application for the refund, including such evidence in support of the application as may be
/ i- e n" U# R5 e. h _prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
5 M) j7 s3 l# Nprescribed information within
! z* u4 \+ E) o/ n. v" x$ U(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)& ]- p0 _- `, L7 P
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and3 v/ N! ]/ n' ] z, V' B
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
1 ^7 n! v1 _) m$ [: E, Ewere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* M( f+ [0 h- T$ ~& e+ K% s8 n(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, T' b# z" |- O2 H+ Z
this Act as if it were a re-determination under paragraph 59(1)(a) if# S& P" q0 o: ], H; ]2 { Y
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied; X T B3 L0 ~. ^' s$ w
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
, N, |' t& Y& U1 }eligible for preferential tariff treatment under a free trade agreement; or6 _) e, u$ N) G2 k& r! U& K
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied& h6 O1 N s# V' i
because the origin, tariff classification or value for duty of the goods as claimed in the application is
6 s6 u1 N: D8 N/ O3 t; L7 u; u+ hincorrect.
+ W" O6 M7 P3 R# f1 x$ X(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
! u3 Y9 r$ D4 g, @5 z" Q(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* m0 N& k8 I) c* o2 k3 Jother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) B' z! O$ V; E4 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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