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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
) L( N' i3 W- X) S# Y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( t2 `/ u4 t9 v8 ]$ B7 m0 c
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4 B- G7 T3 Z, V4 ?2 V ?6 _- K! n2 YRefund Requests
j3 H/ J0 r8 e5 M9 K74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
5 U, Q1 M" B5 S( B; @: F; q6 }paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part3 u0 }8 T; J& ^/ W; Z) o0 U
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 A8 n# w3 n7 W1 S Z
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
3 R3 C) o4 ^' ^& `Canada to the time of release;
! Z( j' m/ R9 P/ I' A(b) the quantity released is less than the quantity in respect of which duties were paid;
; N5 u7 u) f+ h& i" z(c) they are of a quality inferior to that in respect of which duties were paid;
; k3 e+ P! W) u7 u$ c! N2 h(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential/ M; m4 E6 _3 Q! w
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the, U! s& U& F4 M8 X& E% }" A2 e
case may be, was made in respect of those goods at the time they were accounted for under6 ?' _( c* f& C+ e
subsection 32(1), (3) or (5);) i2 } O! [! t
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7 R4 ], W. d" D2 m(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for9 ~. T0 E* ~! I! l: `
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
8 E' @' v, i' Q" g5 l9 |accounted for under subsection 32(1), (3) or (5); n8 t- V! Z4 r! T* L9 \" f* Q2 B
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
: T6 ^/ z" v4 e& G(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 Z0 E$ y' k" q* C5 B
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% K# f2 Z; R* U0 ~5 Ovalue for duty in respect of the goods and the determination has not been the subject of a decision) L9 ]/ u4 ]" }3 k/ X9 d; a9 K( ?
under any of sections 59 to 61;
: J' H" z% s: W3 s) A- ~/ C+ o(f) [not applicable to non-commercial goods];
1 C! c+ e* m' L' [; F# z(g) the duties were overpaid or paid in error for any reason that may be prescribed." |9 Y/ x1 t/ m5 r
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
% }4 y6 M# g1 e) @& H& O0 m# S* zon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of2 o, R) a. w5 W) ?1 X+ u
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( e) @. K @4 h* [2 a0 \(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
+ L0 w, |' {9 C7 S9 L. m, E+ iunless written notice of the claim and the reason for it is given to an officer within the prescribed time.; g" P9 w+ V& M, Y/ l7 B+ \* C
(3) No refund shall be granted under subsection (1) in respect of a claim unless
# A4 {$ r4 p/ a) v) G, l7 Y(a) the person making the claim affords an officer reasonable opportunity to examine the goods in* t' k; ~9 V# j
respect of which the claim is made or otherwise verify the reason for the claim; and
( j. t/ k0 r' k/ h$ z& O+ d. o(b) an application for the refund, including such evidence in support of the application as may be
, j0 Y) Z; M, Tprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
8 X8 c% U* D( b' `3 Hprescribed information within+ E1 n" p; q) i; ]" [ {( {
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ {: A6 j7 S H6 for (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and v! A# {8 t; ]
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods" }: E# d, H, J, G
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# x: M& n9 N7 r3 X7 q(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
, R" e% H$ G0 C, p5 \this Act as if it were a re-determination under paragraph 59(1)(a) if k; {6 ~0 [) J* Y7 n7 B j
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ A2 B. E# U D* c3 Z3 F+ `* ]; |
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not6 H1 Z5 U* b1 K# k4 H2 o
eligible for preferential tariff treatment under a free trade agreement; or
6 t1 v1 y) @9 a1 P9 y G(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied* ?- i) p9 l' m
because the origin, tariff classification or value for duty of the goods as claimed in the application is% \9 ^( M, N* \. r
incorrect.
% G; p) ~' b. j(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),) J$ L: K# @# \) o' l* F: r" s- y
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground5 m1 m' s) ?' B. W; z
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
6 e" p C1 Z: qwere a re-determination under this Act of origin, tariff classification or value for duty.( _7 }4 T5 w3 V3 f4 y/ ]
2 X# g# {. c1 q这到底是说可以还是不可以啊? |
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