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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations" o. L: a0 z ?! o
上面说 非商业 进口 可以免关税?2 Z4 X6 b: d2 [! a) K) X1 t
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf W3 m" d9 t! U4 U+ K
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1 a& B& n+ H$ z5 X7 nRefund Requests
- L# z" D; ` M8 c7 \( I' D74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
3 l& I( N. b- Q' `6 [; rpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
8 q8 |3 [' B* S, C+ h0 Jof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
U# v$ I1 y; P. l(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
5 n4 c2 K8 }( x5 b2 S9 U# DCanada to the time of release;
- ?8 I N& k! ?$ q. h(b) the quantity released is less than the quantity in respect of which duties were paid;
' O+ ]! x; |, N$ V# k2 _(c) they are of a quality inferior to that in respect of which duties were paid;
8 C& R+ _+ K+ S9 D3 l(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential: D: B! j% `1 N/ O/ r+ l4 Q: [6 F
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
2 N, T4 k( O, Q6 Qcase may be, was made in respect of those goods at the time they were accounted for under5 @. G1 q/ Y3 w! y. e# D
subsection 32(1), (3) or (5);; j& _ s! N0 b" I7 R' _0 M
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* }: i& k* E1 _9 G+ r(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for6 \& h+ W% v, y* G; r
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
8 X+ j2 r0 s* Q8 B% a1 s' Aaccounted for under subsection 32(1), (3) or (5);
: H) ` _) {$ ?(d) the calculation of duties owing was based on a clerical, typographical or similar error;+ A, `# {3 Z' l
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)' C- b- S& n& G% v. ^4 S4 k
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# N# r/ C! w+ W& v5 Qvalue for duty in respect of the goods and the determination has not been the subject of a decision
/ J0 [% w. h8 k4 w+ N y1 K; D; wunder any of sections 59 to 61;
" o9 K! M$ O/ \+ G+ w(f) [not applicable to non-commercial goods];: p/ g, Z! b) y7 Z
(g) the duties were overpaid or paid in error for any reason that may be prescribed.' v+ N$ M$ w% l: T# t1 u5 l, u- N
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based. [- R, t; w( U9 f0 s) f* }/ _6 X6 N
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
' h# S- P( x+ c0 Ethis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).* E( P! k5 e8 a. x- l* \1 D/ ?
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim! M; ]$ Q, |- z, H# R1 z
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.! l ]/ v$ z$ [2 Y# Y2 j
(3) No refund shall be granted under subsection (1) in respect of a claim unless% P2 q/ E1 O( o8 L
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ e% `, ?8 v4 b, L7 l+ e% Yrespect of which the claim is made or otherwise verify the reason for the claim; and
; M4 D( c: n( r, G0 p(b) an application for the refund, including such evidence in support of the application as may be
$ G+ m; w& T0 t' B; F6 ^prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the G2 u7 @1 C6 r# I: F# ^6 v
prescribed information within# g. ^" c# P# h& h1 K s
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
/ b9 K( ?0 }0 Q# E' Vor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
7 V* I; |- U4 | [7 f' M(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
3 h7 Y) E6 o7 C% M+ Lwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
# X6 D) q( E# @" G2 ^" B(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
( N3 K# I- n" E" N' G9 |; ^" E$ Vthis Act as if it were a re-determination under paragraph 59(1)(a) if
' m2 z- A" ~6 s* }9 d(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied5 }, Y! H4 Q7 P' q# P) r
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
/ k0 k9 `+ V5 [" A1 J! D$ beligible for preferential tariff treatment under a free trade agreement; or2 l! V7 i# ]+ U
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied9 K1 |1 ^9 x% K' N/ p
because the origin, tariff classification or value for duty of the goods as claimed in the application is
6 P8 E0 S9 j$ H* A. l y& N! rincorrect.
* u9 j9 m, o) V(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),3 N+ A5 y. d3 N- e
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground |0 t9 W; E3 O) u
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it- H/ S: R! f& U2 ^2 F. F
were a re-determination under this Act of origin, tariff classification or value for duty.6 @' @5 P2 R: r# q; s
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这到底是说可以还是不可以啊? |
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