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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations/ {0 S, I$ _+ x6 m* K8 z4 x
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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Refund Requests
/ L; _/ P$ U, r ]- W- Q74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who) c6 m( V) R$ g7 V
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 F H3 m( {- b' B4 |/ P$ Sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if. A( q- B% p) O" Z& v
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
9 K, _! W9 W% ~, c. z; lCanada to the time of release;& X7 _, e) h8 E; a& V0 h
(b) the quantity released is less than the quantity in respect of which duties were paid;
/ R9 F D7 Q# e9 }% v(c) they are of a quality inferior to that in respect of which duties were paid;
0 x ]7 _$ r o1 w; t4 i! A(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential& x2 l1 V) U. S d
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
6 z, O# ^% c) t. }7 V& j/ \case may be, was made in respect of those goods at the time they were accounted for under
2 a# u+ o& r' k. N) {subsection 32(1), (3) or (5);
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7 v1 F5 o+ Z1 s' G! T(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
: ?1 i$ e+ V3 v' Q2 @# T" o! zpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are: ]0 T( x* a! p( h9 K* c% J+ w( _
accounted for under subsection 32(1), (3) or (5);) |# I+ q& k* |# W* H5 p2 Q N
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
7 a3 b9 {9 f ^8 H d& T" w8 {(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
W9 N* O' v3 @6 Q2 {1 pof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or2 c6 J2 ^" t- `: _* I
value for duty in respect of the goods and the determination has not been the subject of a decision
0 T% h3 i, [9 Wunder any of sections 59 to 61;
% K) S+ t( e; Z2 w' B- q(f) [not applicable to non-commercial goods];
7 X. ?/ e- o- ]0 I; d6 v(g) the duties were overpaid or paid in error for any reason that may be prescribed.
" p1 N% @& N1 T- D( u(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
$ ]; z1 t8 a4 G" ?0 p1 M1 won tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
9 U# u9 @8 Z2 S! [this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).) S, j7 r* e" @) [
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim1 W* _% e; m( \) ~
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
5 N- V: [ @# k; x( V(3) No refund shall be granted under subsection (1) in respect of a claim unless" A2 M, h' M$ }! n4 u0 H" X
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
0 _- G( g; x }, ~, m4 z2 i8 G+ krespect of which the claim is made or otherwise verify the reason for the claim; and
4 V8 a9 m ?+ p1 ~* U7 I(b) an application for the refund, including such evidence in support of the application as may be
; o5 z! S! l x4 Mprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
2 t8 Z4 a) }( c. gprescribed information within' E' l) A5 _% C5 a% V5 l7 t
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
' c# W* H9 A$ H; ?' v6 [& ror (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
+ Z6 U; B Q- h# R+ O+ n4 s(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
; ^4 z) v$ c/ Kwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 F5 ^9 ?* Q k7 l2 ^(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of8 i- z2 [# B9 o# A3 f% S
this Act as if it were a re-determination under paragraph 59(1)(a) if
t) Q7 x4 O1 h1 B4 o4 H- S(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied/ r+ M+ Q; C" D3 M, V- u( @, `4 p6 l" F
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not; e: }8 |$ a |- O; @. k C- O
eligible for preferential tariff treatment under a free trade agreement; or
/ Y$ l/ Z5 v- D2 ^9 n& ~& c9 m2 b(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
: ?. p) Z! A- j4 g6 Bbecause the origin, tariff classification or value for duty of the goods as claimed in the application is( i" q' u+ C# S6 o
incorrect.9 W) _ A9 S- D4 g
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! P6 e o) ?8 y' Y, b+ ?1 S/ V8 m" {6 }
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground3 N( B; f1 E1 q" d
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* }" _: I. b: j' @4 M
were a re-determination under this Act of origin, tariff classification or value for duty.
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8 k/ S, T- V7 L) F8 B0 w' `这到底是说可以还是不可以啊? |
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