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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
8 M& f5 G1 k- \( S" m$ O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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9 K a3 d# e. X6 _7 `( o! M8 B+ Y3 uRefund Requests
! {. e7 i+ R" }- v( g) R74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
1 [; A, J- Z& epaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part, u# m. o9 P3 Q3 @; `1 [
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
/ Y0 a! x( |% ]2 P(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
7 |/ E! d- |' r! L, q1 ^& ?- |Canada to the time of release;
" {* ~( P" G# q* I6 Z(b) the quantity released is less than the quantity in respect of which duties were paid;
; f3 y* @1 M0 {- W# B2 B0 I(c) they are of a quality inferior to that in respect of which duties were paid;
7 S7 @* j) E2 f( k(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential9 F6 _( i L: ^- L
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 A2 a6 i" M6 T- gcase may be, was made in respect of those goods at the time they were accounted for under! A8 I H( J) [4 A5 E$ m+ K+ s6 j
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for0 G+ x& k' g! j% O# F' w9 h/ R5 m
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are! T: ?4 L k! f$ I. f
accounted for under subsection 32(1), (3) or (5);8 A) y, i2 y. ?/ [7 M
(d) the calculation of duties owing was based on a clerical, typographical or similar error;9 R& f6 L B% j& T, T- A
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ i6 O8 U9 n j1 f. A, _
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 a9 F3 j; a8 o- C
value for duty in respect of the goods and the determination has not been the subject of a decision
# o3 Z9 }. @; E6 m, z9 Uunder any of sections 59 to 61;1 h9 V) K/ @1 z% q: Y+ E \
(f) [not applicable to non-commercial goods];
8 n& F" x. k, @4 `(g) the duties were overpaid or paid in error for any reason that may be prescribed.
/ c$ U9 `: u% O& q. J& [6 ](1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
' l" ^' K/ j9 k* x! k: y ion tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of- I" j# a e. B, V; `$ V* @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
! C6 c$ F7 b- {: q+ _(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim& r) Y# y p1 w3 G
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
7 B' U; j. p" e5 m( R* M" }(3) No refund shall be granted under subsection (1) in respect of a claim unless( u5 ?! [/ {* }% K( {/ w: \+ A
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
- S, S1 j( f8 q8 `! Crespect of which the claim is made or otherwise verify the reason for the claim; and
2 h) Q2 C/ q" ~0 R+ t(b) an application for the refund, including such evidence in support of the application as may be$ M. x4 c! c( V# q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: s0 a# z. y. u* I: K' @, i3 ^prescribed information within# S; [! x: d: s" D
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)9 {8 A0 H$ P9 y( K: }( f% q. y
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and! B1 o7 n& s$ s$ ^% ~5 m
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
O' p0 d% z2 A. k. ]5 gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.; n& b& w6 k$ o9 p) s8 }
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of$ {3 T; O, H' _8 Q1 A, X% [/ w5 T2 ~
this Act as if it were a re-determination under paragraph 59(1)(a) if
G7 P! s' v9 B( v' ^, ](a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 {7 @+ r& ]4 D% a! qbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not1 Q! }/ e0 b+ H
eligible for preferential tariff treatment under a free trade agreement; or
& {; n7 w* T: P6 f J) I(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 C7 @- U; ^7 K' t8 l1 o
because the origin, tariff classification or value for duty of the goods as claimed in the application is& z$ T3 k. [! _3 K9 K2 K
incorrect.
! o' H. I: ^3 t, c0 V(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e), ~( L6 @& }3 r" ?7 c; G1 F+ s/ K
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground4 N" q7 W9 Z* E
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it# F! w0 D2 W5 c1 J; P4 b& q
were a re-determination under this Act of origin, tariff classification or value for duty.9 ?! s; ]& |& b
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这到底是说可以还是不可以啊? |
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