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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations8 w% a; @2 ?& f# }& J+ B
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' r# Y, h3 [& @ v: B+ U
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Refund Requests
0 L& y9 f' q: U- a74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who' r- N' G! u. }7 E' N- _" y' Y# ~
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
U( m5 K0 W: u+ U; @. ~of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
, ]0 N- M6 ~" X(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, k5 |5 m0 B2 o$ m& O
Canada to the time of release;
* k& A& }# x" e2 T3 s R3 V# z(b) the quantity released is less than the quantity in respect of which duties were paid;
/ Z2 o1 p$ e6 q( O! V4 y(c) they are of a quality inferior to that in respect of which duties were paid;
, ~+ b, @6 m( a% Q: z. w0 ]% L- e(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
0 ^0 z4 o3 q/ \0 Itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
) i1 }5 ~6 ^% x$ ^5 x4 F, hcase may be, was made in respect of those goods at the time they were accounted for under/ v2 d- u# a4 R4 x" y
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 for$ Z# [( q! d+ s
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 T/ T4 F' H6 y+ `2 U
accounted for under subsection 32(1), (3) or (5);
- Q0 m4 u6 S) J, Z- Q2 f(d) the calculation of duties owing was based on a clerical, typographical or similar error;
7 Z) B$ S/ I; ~1 ]. `. `/ {# |(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
% o T6 q; z1 \( |- k; Nof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
. Q8 S1 q# O, g1 s4 N$ R" o" q# ?value for duty in respect of the goods and the determination has not been the subject of a decision
' j0 s4 u' F( C% F( Q0 u4 M% Yunder any of sections 59 to 61;; }; l+ q5 Q) ?" J7 y' m) @2 H
(f) [not applicable to non-commercial goods];
; D* v# W! D; k" g9 t9 N* v& |(g) the duties were overpaid or paid in error for any reason that may be prescribed.5 @5 }! m! @2 B5 g
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
/ ~. ]- l v5 Qon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
# E$ J+ r, E7 jthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
' g9 v2 v1 w7 l$ S0 F1 W(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim8 I# D; B- l, q9 y' t
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
/ p m1 e y! |" X% L4 t(3) No refund shall be granted under subsection (1) in respect of a claim unless4 i9 p( m' i6 S+ y
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
. S" g9 `$ S2 E' brespect of which the claim is made or otherwise verify the reason for the claim; and
7 I- p7 i3 w c1 O* k: k& L(b) an application for the refund, including such evidence in support of the application as may be# @5 k( `: q# \! e$ P1 B
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 J% R4 H- P7 W. ~0 o1 Xprescribed information within
) q- o1 U3 W1 b. E2 }& C! b& |(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)/ M! R Z2 a% H! `: [: v& ~2 i" D
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
1 v/ b* T7 j6 w* N# E(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
: c! S4 U* u( Pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.* ?% @$ x9 _9 q. U
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
9 v5 C: R9 A1 B% t6 q" P. Xthis Act as if it were a re-determination under paragraph 59(1)(a) if: N k& ~. ?, g6 @6 i S, z6 D
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
3 Z: @! c k. e! Gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not9 o' e" q3 C! X
eligible for preferential tariff treatment under a free trade agreement; or4 Z, t! v/ n* x" j+ Y* l/ U
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
' A: @4 s* S6 {: @+ P4 {% i# b* z7 Ybecause the origin, tariff classification or value for duty of the goods as claimed in the application is
. t( a X& V4 `$ ~$ @$ Oincorrect.
/ R U* V$ a% ]1 Q1 Q4 r& ^(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' O. x6 b8 C; ^9 m8 P, N(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* m$ Y1 _( e, z4 o) nother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
% R. p: o) |) F- rwere a re-determination under this Act of origin, tariff classification or value for duty.
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; Q+ Z5 R+ Z& y5 P+ n& f& \这到底是说可以还是不可以啊? |
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