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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations: J6 _3 M' }) \# K
上面说 非商业 进口 可以免关税?/ M+ x* C$ V: r
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf+ `; J/ W6 \' P3 ]! f
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Refund Requests
& K, P- z$ A' b5 _' k74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# @4 o/ T3 O8 E. a' f
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
, E0 I/ A2 g+ l0 h! C3 Q, {, c% `5 g1 Aof those duties, and the Minister may grant to that person a refund of all or part of those duties, if* W5 T) G; L. D1 `- M
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
; p: E' r9 { I& C HCanada to the time of release;/ P N4 q* x/ Q% n" b. b# ^: e: Q7 u
(b) the quantity released is less than the quantity in respect of which duties were paid;. l# s( {) q& A. O6 h+ k! ^
(c) they are of a quality inferior to that in respect of which duties were paid;) ?0 S$ U& d# z/ ?( @& J
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential x. f/ _3 c0 h# v
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
% }6 ?: e. N, G y' ncase may be, was made in respect of those goods at the time they were accounted for under4 p8 J5 w9 l$ Q8 N; x: g
subsection 32(1), (3) or (5);7 J# D$ v( b9 i/ U5 f8 z
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
G) K- _, L" H/ W% J" }preferential tariff treatment under CIFTA was made in respect of those goods at the time they are& R# N) D9 U/ j
accounted for under subsection 32(1), (3) or (5);
6 q- y/ |4 g( I+ v! i, F; q( u(d) the calculation of duties owing was based on a clerical, typographical or similar error;
6 P- S9 @4 M8 I* V(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
$ V/ o) c/ E, D. g; J8 qof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; E) @$ A4 M* V) h- h& w& A5 m a$ n' Evalue for duty in respect of the goods and the determination has not been the subject of a decision
4 b+ ]( b7 z& y! Hunder any of sections 59 to 61;
0 S; J# U. u1 J7 D9 y5 z9 F(f) [not applicable to non-commercial goods];
( U) ?4 _- Z+ K" U9 L6 A(g) the duties were overpaid or paid in error for any reason that may be prescribed.5 q. C; Q0 K) D. L
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based K: b' o9 @: I/ ]: H
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
2 H) o+ V- a7 U& B# Xthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).. V$ d* m+ e6 w& f
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 c9 K3 X/ M# A' W- ?* Wunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 ~* f3 S% C/ q0 j1 y% N& Q(3) No refund shall be granted under subsection (1) in respect of a claim unless7 [0 s, [1 ], O& o/ X$ Y' @
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
1 z. P# s- D# Wrespect of which the claim is made or otherwise verify the reason for the claim; and/ b- Z* I0 ^' b( a) N9 E# H1 B
(b) an application for the refund, including such evidence in support of the application as may be; N$ n& z3 R1 `
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ w+ ~7 g6 n+ N) h5 \$ d+ t" vprescribed information within
+ c6 F( G) S* k(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
& B) H8 b! J9 H. {; j6 A7 Por (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
4 M( i4 {' b. e(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods/ r* L; o5 Y; N* M/ o
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ s+ J& U/ z0 r2 k' a
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" M9 o; B/ \/ w- u; Y0 B& ithis Act as if it were a re-determination under paragraph 59(1)(a) if
6 ^% H* |1 r0 K(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 r. C: S) }' T+ q4 cbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not, t& \5 `$ w: H5 C9 ~% `
eligible for preferential tariff treatment under a free trade agreement; or" ]9 u6 k) G4 l. [) E5 A
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied9 q( Z5 U7 t- z8 Q9 ~) n
because the origin, tariff classification or value for duty of the goods as claimed in the application is
; L( L+ P* R; R5 n! }1 r+ rincorrect.
6 m6 g: s3 s/ m4 q6 E(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e)," u$ T: {" T" |/ F& \& E
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 E1 |" Z, D' P. \- |) v
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
- `3 u: l# Z7 r: \were a re-determination under this Act of origin, tariff classification or value for duty.# ^$ u% f3 C' w' ~' `$ D
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这到底是说可以还是不可以啊? |
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