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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# m8 {/ n! o. v# L( `! W3 H& D
上面说 非商业 进口 可以免关税?
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( @2 |! }; j8 k2 ^- Nhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf* f# C) d& Y! p) J2 j0 X( s8 u
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Refund Requests
! U. ]% Q. d# t# e, Q5 D74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! e1 g0 N/ H1 ^4 H! ]' t1 k5 s
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
) A Q9 e3 \! o' `! p9 N- d+ ^of those duties, and the Minister may grant to that person a refund of all or part of those duties, if& T1 q- A" Y8 n0 i3 f
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to E6 W# {; T1 |2 @
Canada to the time of release;
3 s! ]4 v9 x b3 Z; K(b) the quantity released is less than the quantity in respect of which duties were paid;
+ J" K+ d7 W. S/ U$ z! @(c) they are of a quality inferior to that in respect of which duties were paid;
Z$ l* q. @; p; U* b# {(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( d' J8 h- Z3 W& j* e% u" ?* }tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 U m% Z/ \3 x4 e; H( _case may be, was made in respect of those goods at the time they were accounted for under K8 s' P8 ^8 K5 s6 O" i, V
subsection 32(1), (3) or (5);. m; g3 d$ ]# s# p6 |: W& Z
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for4 I8 [% X, F0 r7 C+ i
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are, C2 K9 B2 B. E, T7 M0 K3 }
accounted for under subsection 32(1), (3) or (5);0 Q3 W" C0 N1 k- @8 ?/ x( @
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
+ ?; f" l" ], s( g, y- X# ^5 p(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
: ?! ]% w7 ~2 M! v# lof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or B6 C0 i/ \: ?1 M" c
value for duty in respect of the goods and the determination has not been the subject of a decision( Z' C K9 @2 p- P
under any of sections 59 to 61;1 h" A" S; c( }8 m8 V( d/ A
(f) [not applicable to non-commercial goods];5 y$ b2 h/ P p! m
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
. v! M1 R; f; F$ o) U& ?, B' `(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
^9 \5 o* h$ f& x. Jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 J Y6 A1 Y6 i0 p+ n bthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
* W: i7 T O9 j" A& z! p(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
: X1 J# c. \" S# Gunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 ^# @+ Z9 Q) Z* A# U- w( t& x) Y% p1 r(3) No refund shall be granted under subsection (1) in respect of a claim unless! c! L6 I8 P% a
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
$ i) I9 T E7 s {/ E! g3 drespect of which the claim is made or otherwise verify the reason for the claim; and( W: q( L6 k" L" f8 M+ K. j
(b) an application for the refund, including such evidence in support of the application as may be8 m4 x. r* r4 v- l6 s2 j
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# m% r. L, [" tprescribed information within
% @0 M: H) B1 g9 L: W9 ^' g(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
8 C% Z* ~; t" por (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and* V; e- V4 a- x6 B2 D
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
$ `6 k) L; J7 x! ?were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed./ |) D+ ~# H: ]
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
8 M2 N2 |# v5 c" Q+ Ethis Act as if it were a re-determination under paragraph 59(1)(a) if
. u9 [; n! E; e$ M(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied+ _9 G3 R; I- g4 F
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
6 ?( J4 Y" E) z9 W/ h: Q0 eeligible for preferential tariff treatment under a free trade agreement; or
, D: ^% ^: O1 r. x9 ^* o, @(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied) m4 u% U# n& `4 s& w
because the origin, tariff classification or value for duty of the goods as claimed in the application is
& \) T$ c$ U" @9 J7 K; Gincorrect.
- p" x3 w/ J6 ^(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),( d. A2 E0 K5 q2 ]9 [7 O4 Z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* ~8 e! p1 ~# v/ B* C* A. ?' A% Yother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
: ?. ]* A, G+ }: awere a re-determination under this Act of origin, tariff classification or value for duty.
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3 }) N* ]8 Z. ?5 @7 E# \这到底是说可以还是不可以啊? |
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