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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
2 W$ s. u! M! [ b Y9 x5 h; i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.pdf2 `3 @( ^1 s" E0 u+ |4 q$ }+ V
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Refund Requests
- n0 ^% ~: F8 x) h: N q74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
" e! L4 C2 r' G" D% Wpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
& O! s1 i6 k' X/ I; aof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
; Q$ z* X6 {( `( a6 ]; M5 K: z" h- W(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to0 q- h2 |- V5 D- d
Canada to the time of release;
* w6 ]- ^% L" p' X4 s% s(b) the quantity released is less than the quantity in respect of which duties were paid;% v5 w, ^; b3 u( ]' s2 `( T
(c) they are of a quality inferior to that in respect of which duties were paid;
+ W- j E5 E) J; a) Y; Y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential: t; ~: |& I9 L# j: f4 `# q! D- E: p
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
f% n1 t, `. ~! Z8 Hcase may be, was made in respect of those goods at the time they were accounted for under8 `' O+ W+ U* B3 k5 g
subsection 32(1), (3) or (5);' O1 a u( e/ J. Y, t
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$ e6 n: ]. }5 N/ R, p; j0 J(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
& {5 y8 d- i$ spreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
9 m& v1 @' Z% f+ @accounted for under subsection 32(1), (3) or (5);
& B3 X; j" g. f/ j) T% @5 A. n1 @(d) the calculation of duties owing was based on a clerical, typographical or similar error;
. Q& z+ V' y7 ` F(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
e) T( z% j0 {1 V% s% J0 a. tof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or: q0 S, E0 L& W h& r6 C
value for duty in respect of the goods and the determination has not been the subject of a decision
. ~; a! _0 H' G! Q6 funder any of sections 59 to 61;$ {8 J" |9 Q6 Q2 r3 R
(f) [not applicable to non-commercial goods];
, P4 w) N2 \9 G/ S! W6 r$ Y(g) the duties were overpaid or paid in error for any reason that may be prescribed.3 i& L" [) {5 V
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based) @ l2 S4 V! g+ K. f0 n% }
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
- s# b) `. ? `this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).4 x/ T8 Q6 g4 @ o
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
- h# `& w# A* h5 x1 x8 [( hunless written notice of the claim and the reason for it is given to an officer within the prescribed time.' z( U% C b; |
(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 e7 d7 g0 _5 | t0 T(a) the person making the claim affords an officer reasonable opportunity to examine the goods in ` L8 X* F! r' G
respect of which the claim is made or otherwise verify the reason for the claim; and$ s) M; R* D' W6 i) ~2 L
(b) an application for the refund, including such evidence in support of the application as may be$ V6 v( Y. V9 F! s3 Z9 V) y: N
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the ]/ k5 A8 p' u+ Z) A( ]& e! d" @
prescribed information within
- e* q" o* \5 e5 S( x" V K- v(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f), e) {' Z& j$ d2 y5 s: {" U8 \# j
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; l3 h& Y9 r- h/ {6 l
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 I4 y; ?) U8 ^6 B. y; K+ zwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
4 D0 E8 w; y4 e# P(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of `1 l9 F: g Y: y3 l0 D0 C3 A
this Act as if it were a re-determination under paragraph 59(1)(a) if3 e$ _, O" R/ p' K! d2 _% S6 q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
6 z- s# M1 t1 O& Vbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not2 c& a% @5 d) m
eligible for preferential tariff treatment under a free trade agreement; or
$ p; v7 g( O+ K0 A. _(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
- _) w1 x* S Z4 f j* Qbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
( ]. Y) G' d1 \6 ]' V# P* E) Gincorrect.
* \. e( e5 ?! @(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),1 A8 @- j) ]7 {1 E9 N. p
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground9 K o( J% a; K7 q0 T) y
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 B2 i P2 ?0 n6 j7 f* Jwere 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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