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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations/ `, N7 l# ^" E/ b; c0 _
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
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1 Y( T- ]$ M) s, fRefund Requests
$ f7 c: ~$ v, D- Z% R; H, S74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who" l: K1 @8 q" {, `
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part k& k$ `( i( u8 @ y9 d
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if" V0 n6 F/ E& R6 X1 h2 x# V9 s
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to- s1 ?7 j t) |
Canada to the time of release;8 v# R5 B S, J2 ?1 i% P' T
(b) the quantity released is less than the quantity in respect of which duties were paid;# S+ y- ]9 O9 O" j: h, V6 D' F# A9 q
(c) they are of a quality inferior to that in respect of which duties were paid;
- H. ~. R! o% T; Y0 C(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& L) v* e# a/ i; a& ~
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 N2 s; A$ t* @1 p0 gcase may be, was made in respect of those goods at the time they were accounted for under
4 c! d/ B( E6 Z* q, b3 Z) I, v6 hsubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
. L" |+ [9 H- f: F# qpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
& ~3 U' i9 m7 e* l8 t* [accounted for under subsection 32(1), (3) or (5);2 I* |5 {% ?$ |, y( B8 v7 }7 ?
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
( A7 \3 C3 |, A+ A" s(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
1 t, F" T% V4 ~of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
% e- g1 G# M, o0 \8 S, A0 Pvalue for duty in respect of the goods and the determination has not been the subject of a decision; S$ ~/ A- ^+ j$ d! s8 m W
under any of sections 59 to 61;; X5 Q& d7 [* ~: O/ `; x: C e: S9 A
(f) [not applicable to non-commercial goods];2 P6 q1 @8 ^, B0 ~8 S
(g) the duties were overpaid or paid in error for any reason that may be prescribed.$ |3 c1 _- h% B
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 o/ T% w- i+ v9 ]on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of7 \) [) n3 G, |" H! ]/ m3 K) @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
" C+ `0 a+ F& n. F3 R(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
, W/ Q8 f' j) ]5 H8 w8 lunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
" ~& c* a% P6 H% \! h+ [2 D; o(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 O! l X7 S7 V' A; L: S(a) the person making the claim affords an officer reasonable opportunity to examine the goods in+ D8 k2 \; @4 h3 Q. A
respect of which the claim is made or otherwise verify the reason for the claim; and* @$ G) p9 v* ^; Z, z
(b) an application for the refund, including such evidence in support of the application as may be3 y4 `* m/ v7 q& V0 e
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the6 K; X9 n' V5 ~% b
prescribed information within1 z1 i! G, x2 m3 F! @" g
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ x% c8 B- \: i1 i- Tor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: y. O6 a$ \. m
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 F/ c: H5 T% I( b! g
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
8 X$ D9 q" M7 O$ \2 i6 d; `3 I(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
) h/ |5 p9 _! s0 R8 jthis Act as if it were a re-determination under paragraph 59(1)(a) if/ o+ Z: A' v9 h# u
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied, v6 Y9 [2 z6 y% v- x
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not! W2 F3 e ^6 V9 W
eligible for preferential tariff treatment under a free trade agreement; or: ?6 z; A1 o0 X5 J0 O( i0 H
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied4 i6 r6 C! v/ {7 ]! h! g
because the origin, tariff classification or value for duty of the goods as claimed in the application is- J+ s1 ?- o( k" G0 p$ h8 r! k7 e) t
incorrect., q8 x; J& J$ d+ F$ W
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),- R8 N8 e4 x2 p
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground/ a m" @& _7 k6 E/ D
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
$ ^" O3 E: Z8 L6 \8 x# Twere a re-determination under this Act of origin, tariff classification or value for duty.
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8 E+ q7 }# E, C5 @7 n p2 w这到底是说可以还是不可以啊? |
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