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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations6 Y; z3 M2 l u7 `8 E* s+ b
上面说 非商业 进口 可以免关税?+ o) e" q# j+ z( [) z' ~4 F) Y% b
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf' W9 A1 }9 F6 c, k7 V- U
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& d7 [) J: k% {3 {- b" w# }Refund Requests
( P3 n% h2 A* p9 U: V74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who# ?7 {2 ~* l/ Q' g& j& v
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" G( F+ q: r, C0 d. N, T5 lof those duties, and the Minister may grant to that person a refund of all or part of those duties, if% s3 Z" B1 R1 P3 { U- P
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to$ \( b# M/ F. d: c8 |
Canada to the time of release;
4 N3 f6 a, Y/ {# R" U) M(b) the quantity released is less than the quantity in respect of which duties were paid;* C5 m0 u* E( K+ @1 g1 L6 d
(c) they are of a quality inferior to that in respect of which duties were paid;
; s) V8 k. n3 U* B1 R(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential5 U- q* m+ D/ F9 f5 S @
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the1 b8 Q( A) @3 w$ ?
case may be, was made in respect of those goods at the time they were accounted for under. F( U \' Y; L# H% Y& C9 B
subsection 32(1), (3) or (5);
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* x: z# g. U4 h" c8 g' s(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for4 D) ^: T) }4 p# w: d7 n
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are4 D) J ?+ d; T
accounted for under subsection 32(1), (3) or (5);
; Q; p D' R% M, V7 p0 M(d) the calculation of duties owing was based on a clerical, typographical or similar error; a3 v0 u6 Q3 ^9 w _! \
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) X8 b$ k" A) M% C U' P
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
: U. s4 c$ h r% g$ Yvalue for duty in respect of the goods and the determination has not been the subject of a decision/ K; m$ @" C& J |
under any of sections 59 to 61;
4 `6 P+ E" y8 L- e! g4 o(f) [not applicable to non-commercial goods];
$ t8 F! e' I' y1 I(g) the duties were overpaid or paid in error for any reason that may be prescribed.' @. G5 b6 y7 g4 v% _
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based) S' w9 Z! A4 J; k- l8 t- f
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of+ c! [% _- U- B" Z. K5 G
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a). V" k9 M4 j* h: S3 |4 u* z
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim6 ~9 x {6 o+ Q* @$ T# x: g: S; q" n
unless written notice of the claim and the reason for it is given to an officer within the prescribed time./ z. r& b: m% T
(3) No refund shall be granted under subsection (1) in respect of a claim unless
) } I: H2 d0 I' g. y(a) the person making the claim affords an officer reasonable opportunity to examine the goods in, x7 b: f+ L. S7 q/ v2 S7 |
respect of which the claim is made or otherwise verify the reason for the claim; and
: |6 [# v1 h8 P( o/ E5 D* t8 B8 B(b) an application for the refund, including such evidence in support of the application as may be v2 B8 v/ |. X( r
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the7 ~% c x) [: {* ?
prescribed information within
6 R z) S" {/ Y( Z2 c* i9 l(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)( Z2 ?2 f+ @" E# g* F
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and, V/ I9 b& u: ?: a4 p
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ |# R- T+ v! swere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.) u) v9 q! A5 c! H! R# P/ i; q; A# P
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
; G7 }" z7 l E+ Z$ z- x! u6 K& cthis Act as if it were a re-determination under paragraph 59(1)(a) if
9 y9 ?8 d, h# i1 k9 B. p7 g7 b6 {(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# |% A0 e/ ]2 p5 _! g6 Z/ n- |because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not) k# A2 z: O( A: q; ~ I9 C
eligible for preferential tariff treatment under a free trade agreement; or
: E5 p/ n- j' o) i' K: _0 z(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied( D& u- C; P" ]$ Q' r
because the origin, tariff classification or value for duty of the goods as claimed in the application is
6 N. [( ]% l7 Rincorrect.
2 i6 F7 z5 W: {) t/ n(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),( e7 T# {0 D2 n; t# q
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
1 Y# o8 K! r' t2 D: _8 M) {, ~other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* q6 k6 \& ~: ?6 h0 M
were a re-determination under this Act of origin, tariff classification or value for duty.( r! R; z! r. {
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这到底是说可以还是不可以啊? |
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