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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations+ u- q6 V) K. h/ e+ {# B
上面说 非商业 进口 可以免关税?; l! c4 S& a: P% ?2 C$ V9 k$ o
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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9 @0 M6 ` [% X/ \, q( TRefund Requests
\/ T9 c2 }; e# F74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who; N p4 z% J' H+ y a5 \
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
6 w8 }) h; v1 Y( j/ i5 H8 L- jof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
$ Y! |0 \$ s) W! x" z(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
s7 ?0 A! ~* w6 a2 W+ M' \Canada to the time of release;4 B: ]# }. A" ^/ `
(b) the quantity released is less than the quantity in respect of which duties were paid;2 \8 U" Z0 H1 ~. w6 Q7 s5 J. j
(c) they are of a quality inferior to that in respect of which duties were paid;
% E+ ~; F. v0 T6 s: y; @ x(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: e9 x" X4 w- p6 V5 M. j& Itariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
$ i S ]7 e, E9 Z3 ccase may be, was made in respect of those goods at the time they were accounted for under
9 s( m) I: z6 v& ?3 xsubsection 32(1), (3) or (5);
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, r+ ], E( E! ^- q" c(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for; _6 Z2 [: l; k+ t+ m6 y5 E
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
* X9 d$ N5 t5 ~" u, Yaccounted for under subsection 32(1), (3) or (5);; D6 b ]( ]9 K% T: B& e
(d) the calculation of duties owing was based on a clerical, typographical or similar error;- O3 V9 n5 l" E# b5 j* ~" |/ {
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2). U, K( E+ |/ z3 Z3 O# r) _
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or8 R+ h' [5 `' U' v5 w
value for duty in respect of the goods and the determination has not been the subject of a decision: ?( T. M2 }! ?7 u3 `2 W
under any of sections 59 to 61;9 q0 x2 \( O, Z- d8 ~" y
(f) [not applicable to non-commercial goods];
7 P' o9 O7 l8 P. i3 e(g) the duties were overpaid or paid in error for any reason that may be prescribed.
9 S) S; w) e' N6 @8 l) ?(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based$ E, J* h! i! Y0 q6 c$ R+ d
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
1 B J% s' T; i9 C0 {this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
7 i/ A8 O5 O& z1 |; }, u(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim, @2 l( I; W% ?* L/ @( s
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
* L% V7 B4 E2 l$ x1 o(3) No refund shall be granted under subsection (1) in respect of a claim unless. T* j# _% }# w$ ?: H' b
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in# H7 ]0 K# O' \# b1 A- `, I
respect of which the claim is made or otherwise verify the reason for the claim; and+ }& k3 K1 T( Q7 m, k8 O3 Q
(b) an application for the refund, including such evidence in support of the application as may be
/ r6 Y3 [+ n0 A' w2 K: Rprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
: V) v1 B) f( w2 M1 w- H r, }prescribed information within
' c1 Q* w5 @# d6 A(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)& ~8 h* Z( A7 I9 i. f9 D
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; h6 ~4 p3 z {
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods( _; B d1 }9 e' W
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.& I' ^+ W2 H5 J( u8 A ?6 T( I7 S3 m
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
A' \2 {0 k1 w) M5 c' S A* v% lthis Act as if it were a re-determination under paragraph 59(1)(a) if' Y% t2 l- ^3 n# I! H0 `
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
* x7 ]9 H* O4 Q% vbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
+ ]/ {2 Z; x1 {" _7 w6 ~" ]( [eligible for preferential tariff treatment under a free trade agreement; or7 W4 [1 t0 c* F5 k- F
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: m% B4 Z, K% m' G% J8 y/ t/ q" ?
because the origin, tariff classification or value for duty of the goods as claimed in the application is
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(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e)," }0 t0 N! B7 }# G, Q4 |3 D+ y& J
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground: @+ U: v) p) v$ v& ~- x
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ ~8 i \6 s ?- i5 ^
were a re-determination under this Act of origin, tariff classification or value for duty./ ]( q/ n9 F9 k p
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这到底是说可以还是不可以啊? |
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