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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
' c. E: f0 X q, j5 J$ v" ~- |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$ P6 Q" o) G2 i# `
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Refund Requests
6 i# L0 Q, i4 l" z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
. g. {; r- b1 E! }1 fpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part4 }$ g# \ G4 h* i7 t9 s
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if4 r2 k3 S" P3 a) T
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to: t5 |4 G/ ~- D# B2 Y) ~8 f
Canada to the time of release;
& v- u$ T' s% T(b) the quantity released is less than the quantity in respect of which duties were paid;
6 J3 f* L' O' V4 J; Q+ J(c) they are of a quality inferior to that in respect of which duties were paid;" k3 W" @- V3 J
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- M4 |' _% v# gtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the V( Q1 q0 K5 ?+ _1 W$ H- U a
case may be, was made in respect of those goods at the time they were accounted for under
9 b* c3 @$ _% i7 b2 }* Nsubsection 32(1), (3) or (5);& q6 l$ E9 a3 N
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for9 R& l# q) ]/ d0 I# ]5 S3 K- w; L
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are; V% p6 ]5 D' J7 O
accounted for under subsection 32(1), (3) or (5);
/ V( d) J" p' y4 u9 b6 I2 E! L+ a7 c(d) the calculation of duties owing was based on a clerical, typographical or similar error;
0 ?" B5 k7 u8 E+ V(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2), \+ F0 P& Y2 u. w' R ]7 P
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' p" z4 r9 a! D: L
value for duty in respect of the goods and the determination has not been the subject of a decision4 O5 [1 }. l, c/ S, g: G. K
under any of sections 59 to 61;
/ k; u2 `+ [' [) P(f) [not applicable to non-commercial goods];, u& K9 x/ p& G: f; Z. v
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
5 Z7 @( `- y! g8 s5 M. a(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
( a/ o+ b6 K; r9 w# t! y9 ]on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 x6 k" L' q/ q! q6 [' Q: b
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 n# f- s6 q$ o+ K(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim, J! h, o( a* _ |& Y1 S
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
8 ?% a8 X: O" U" N(3) No refund shall be granted under subsection (1) in respect of a claim unless
6 B6 a" c4 x* t7 Y1 l+ ^) M4 `- J(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
6 K- h, J+ t# l; irespect of which the claim is made or otherwise verify the reason for the claim; and
( x, S+ d3 d a, ~(b) an application for the refund, including such evidence in support of the application as may be7 c0 E, b' W' N/ Z8 f$ y
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the$ p) V) f9 F0 ~
prescribed information within
: F/ A! ^; h" r% ^( R+ M(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
! y4 C# d5 Z( C' V& J+ @3 U& c) _5 _. Aor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and; {8 S: N: N5 V! S
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& S$ A; ]7 e8 Z+ k+ Hwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., h) m8 X# b* U6 @! P
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of+ X, e" k, ~4 G
this Act as if it were a re-determination under paragraph 59(1)(a) if, ^5 y% H$ R/ M* J( D0 B5 [
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* S/ Y4 ]: u( C0 B/ m% t
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
) H9 n* G8 Q& [' yeligible for preferential tariff treatment under a free trade agreement; or
. I5 t# n8 ` s5 r$ Q u(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied( }" ?6 a& {. p) T2 R
because the origin, tariff classification or value for duty of the goods as claimed in the application is1 n/ n1 ~& q' o1 {$ i5 J; a
incorrect.
- E. q) I2 J7 S8 ]( E7 S# H(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),$ \) Q% S+ B0 f- [- ^4 e1 A: J
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
; r# C# ]$ O9 o8 m$ r% o& ?other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 R8 D* A( s3 A) z6 x, Awere a re-determination under this Act of origin, tariff classification or value for duty.
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/ _9 H: t) t0 ^$ R* w) G" w这到底是说可以还是不可以啊? |
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