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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
4 I3 [) D7 ~ B, K8 H: f1 n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.pdf8 ]5 L+ z$ v0 d; \9 @- Z5 g
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- Y# G H/ L( q, W8 a6 LRefund Requests
9 q5 E0 N/ v6 p; U74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who: R, P5 M/ g* ?- b( J3 P
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 a5 ~4 a$ \, L* z/ k7 t
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if' U8 D; P6 b& z7 B8 g
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
$ h$ s: d+ j% a+ s) zCanada to the time of release;
8 @; `: R( @, x(b) the quantity released is less than the quantity in respect of which duties were paid;# Z0 V2 s1 X- c$ P* W4 O* B5 P
(c) they are of a quality inferior to that in respect of which duties were paid;
) w' b! S0 Z; o2 i ~. G7 i1 h% x! c& y(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
9 u( O, J# t7 c9 Z$ htariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
4 D" K/ v- r& k& zcase may be, was made in respect of those goods at the time they were accounted for under3 Z. j' `( J& ^+ X ~* N
subsection 32(1), (3) or (5);
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6 B: c: {) D0 }6 v; _, ^(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
7 ]) J0 P4 C( ^2 D# z1 _/ @preferential tariff treatment under CIFTA was made in respect of those goods at the time they are5 k6 M: f% z- S+ O2 ?
accounted for under subsection 32(1), (3) or (5);
- ~: a) [/ [1 s7 Y$ X0 \( a p(d) the calculation of duties owing was based on a clerical, typographical or similar error;" [8 U* C0 s2 ~1 b. Z+ o3 G
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2) x% I1 Y D0 j& }
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
9 U3 ^9 r8 b0 Q# X6 k# Wvalue for duty in respect of the goods and the determination has not been the subject of a decision
7 s: u; F @% G6 l- M% hunder any of sections 59 to 61;
: D) s, t: B& K9 l, Z(f) [not applicable to non-commercial goods];6 |: ~, f0 g/ u2 V6 {4 x
(g) the duties were overpaid or paid in error for any reason that may be prescribed.1 d" B: Y8 \: E. C3 O- T+ |- q/ e9 x
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based# L1 j& E" O" @* U
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; ] y6 q* M, H( G* }2 T: @
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
, A5 ? H$ A" M9 y& w8 b9 T* e(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim" S' X0 R) I' ]! T9 \; M* i
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.$ @1 G* i% }/ `) l
(3) No refund shall be granted under subsection (1) in respect of a claim unless9 a+ k1 y. K$ G& l8 ~6 P
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in- Z# g3 q* s7 N3 Q) o
respect of which the claim is made or otherwise verify the reason for the claim; and
/ h; c" ^3 k. y8 G# m(b) an application for the refund, including such evidence in support of the application as may be
5 u; P# c7 r7 ^+ w& sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
# d# s3 P" i2 q! ]* jprescribed information within
- y8 d4 {$ l: a/ e(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
' }1 E" ?+ g/ l H) x0 c, y, ?5 Uor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and9 m. t0 e3 r( v8 F: _
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
1 u4 n* H+ f$ Q, a& }/ wwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 R- j8 e) S* f- D$ ~* O(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
# b) U9 S- x/ ]: lthis Act as if it were a re-determination under paragraph 59(1)(a) if
% `2 f1 l8 G2 D( O(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied" w4 s+ l- [/ s2 y: M+ |/ |
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
3 m: X% Q- i3 `! n/ A9 Qeligible for preferential tariff treatment under a free trade agreement; or
2 s( }) J0 G! S1 \: X(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied7 j9 k# t& ]) R/ O
because the origin, tariff classification or value for duty of the goods as claimed in the application is. t1 a# ^5 Q( `) T3 p# K, U( V9 t
incorrect./ l$ O& Q/ K2 ~3 Z9 f& [* r
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 p8 r+ r( Z4 u9 h(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
5 P9 d0 }0 }0 x& fother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
; Y2 p: U$ x) m1 }: c8 gwere a re-determination under this Act of origin, tariff classification or value for duty.0 b3 q1 ^, D8 }/ X! F/ d& S
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这到底是说可以还是不可以啊? |
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