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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* q2 I# V9 B. q* p) J b% T
上面说 非商业 进口 可以免关税?
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% p2 K5 r5 S+ u$ mhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf% d/ q$ D7 c) R" z$ @- C$ ~
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Refund Requests
& o1 ?8 C' O6 _! S: `' t74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who4 }8 m: \4 B% g
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
$ x% m, b. ?* [( Q" W8 Zof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
5 n. q* a3 K$ @: x) G) v(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to# t+ W. h- e* o# S- U+ ~, V
Canada to the time of release;
: }: r3 e, s+ U. P) z3 e(b) the quantity released is less than the quantity in respect of which duties were paid;
8 N* i: N7 U4 W* l) `2 u) e(c) they are of a quality inferior to that in respect of which duties were paid;
5 I/ w+ j6 H% {3 |# Z r(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential2 W- y; Z+ |! ~) ?( c/ I
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the' \- Z# B* }7 d; c9 l
case may be, was made in respect of those goods at the time they were accounted for under5 k" F3 i! {: c
subsection 32(1), (3) or (5);5 [4 L% X$ Y& C5 Q, Y4 ]
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for/ J. p$ Y; b# l5 u$ w( _
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
3 R1 p, }. W/ f! p1 caccounted for under subsection 32(1), (3) or (5);- j' a. K D# i# c
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: u7 o# s2 v9 q: n: c" k- A4 @; B6 x(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
, G- q+ V, U' `8 Rof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or7 S0 ^! t* ^! h& S9 {( K! F, w
value for duty in respect of the goods and the determination has not been the subject of a decision
) ^* K% Q, D/ X5 h$ Aunder any of sections 59 to 61;5 v1 B/ n+ s1 A% Z. ?
(f) [not applicable to non-commercial goods];
3 Y" y) R* h+ w; b(g) the duties were overpaid or paid in error for any reason that may be prescribed.
0 x+ I( f; f9 N8 R5 X: H(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based3 f# _2 ~+ z( j0 @: ~
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of! \$ o8 T! a8 V) Z$ c7 Y' E8 x( z( O
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
3 `, d1 p1 n" T(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
! ?# u3 s- N1 W0 D2 K+ E; Ounless written notice of the claim and the reason for it is given to an officer within the prescribed time.
4 |: P, d$ o- h(3) No refund shall be granted under subsection (1) in respect of a claim unless6 J6 E. _$ d2 b# r+ c
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
; g) \# u6 G8 W' J2 `2 krespect of which the claim is made or otherwise verify the reason for the claim; and
/ q k( k: B5 }1 v. ]1 m(b) an application for the refund, including such evidence in support of the application as may be
6 V! s8 F9 a+ q7 Lprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
( S" b n1 o* N( h0 e) P( f# D& {8 @6 Rprescribed information within
" s: G! G- q6 F0 d- z0 _5 O(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)( P6 H8 F5 H) t) t8 T
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
3 K( B; x$ \' A3 Q2 Z: s, j(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 d- K2 P1 g$ g; w7 u x0 Z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.$ y1 A) ~+ p; T" G7 W1 B0 d
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of; D' |. {% J; U) [& G |; s0 J) V
this Act as if it were a re-determination under paragraph 59(1)(a) if4 x. Q6 N0 u% w* S3 m/ r
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied$ _9 O4 m/ }7 t4 b4 S
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not' j1 f+ `& j' v" {3 [$ g
eligible for preferential tariff treatment under a free trade agreement; or* m5 X1 p' ~ j6 _. t9 U" s0 ?7 t, h- B
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. U8 e( e" Q' N1 N8 }3 J
because the origin, tariff classification or value for duty of the goods as claimed in the application is
n- t+ {% |7 X9 Hincorrect.
' J) U) X- c6 R4 c3 @% f(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),0 r8 g4 i' J! Q% S" ~
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
# w* a F8 e4 }7 aother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it( m; c. p5 w3 g1 `2 M' n- A7 y
were a re-determination under this Act of origin, tariff classification or value for duty.+ O& b" y/ Z0 a [! j% E
7 g. Z! ~6 i# j) W2 r1 p这到底是说可以还是不可以啊? |
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