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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations& s( H- _9 q7 I8 Y1 v% H Q
上面说 非商业 进口 可以免关税?, z6 }- S4 a% V. |
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf% B; i5 k7 z L
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Refund Requests
. @% [4 f+ T" G74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who$ V7 m$ P! |% A- c. r, Q2 S* b
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part" k, `% B' x. f
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if9 w" }+ k7 y; P1 ?
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to3 Y% r8 J9 l: V3 p
Canada to the time of release;. G. W+ K8 b5 R
(b) the quantity released is less than the quantity in respect of which duties were paid; ^- ?. j% Y* f8 y. J/ f8 f
(c) they are of a quality inferior to that in respect of which duties were paid;; A% U. j) J/ n
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
. K5 t" R" [- Q$ Q" i0 Ttariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
$ m$ H3 |$ H! z- i1 gcase may be, was made in respect of those goods at the time they were accounted for under
6 I; S6 D, `# S d0 w, ?1 zsubsection 32(1), (3) or (5);
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- a. I% D# g' ]/ d0 h(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
4 |# S: w& P! I) Rpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are9 B, B! s& ^ f6 b* F
accounted for under subsection 32(1), (3) or (5);
; E8 d4 m: F8 ^! J(d) the calculation of duties owing was based on a clerical, typographical or similar error;
4 T. q% {9 S) O8 k(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)6 X% b7 R7 p5 @) D# g3 R# A
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
3 V* S* K/ R Vvalue for duty in respect of the goods and the determination has not been the subject of a decision# T2 t& Y* G$ m
under any of sections 59 to 61;
' J7 q6 y4 B H u! V(f) [not applicable to non-commercial goods];8 a+ S7 O% ?/ b
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
9 c2 o; Z2 o; ~8 G0 X& U! D' c6 d(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
/ v! X. V* B% Lon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
8 h# y( d7 W0 @* R' M# Gthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a). D4 L. @8 R) ?- F; l2 A4 o# z
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
, E+ j. w3 K" z/ @( s Gunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
6 O4 x, [* b6 ]/ f+ \' D) J(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 j. q0 m, J4 c& h7 Q; `9 V(a) the person making the claim affords an officer reasonable opportunity to examine the goods in! v* N0 b) n: H. B$ M r+ ?
respect of which the claim is made or otherwise verify the reason for the claim; and
/ d2 ^! Y) [5 U6 J) `+ r(b) an application for the refund, including such evidence in support of the application as may be* \2 W. x! ]3 L- ~7 D0 ~+ q Q
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the {7 w a5 y" V
prescribed information within% p2 G3 h& Z0 ]% x' s
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
5 H9 f0 z1 Q. {' X! Aor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) |9 q% X# K) D5 @8 @(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods: ~8 }* i+ g$ J! N2 k6 {
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( V. P: N0 d0 o
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
4 i0 y# I8 F/ g: _* A4 U' Dthis Act as if it were a re-determination under paragraph 59(1)(a) if: f, A( g; }( ]7 L! L9 q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied2 {7 b7 e7 z0 M) f6 c
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
: P4 u' l! U, |% i) Yeligible for preferential tariff treatment under a free trade agreement; or
4 [$ _& x2 c# M$ I! J+ X& t* I(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
. O) N9 Q R- `$ i& ebecause the origin, tariff classification or value for duty of the goods as claimed in the application is' d9 J: u' o/ C0 W
incorrect.
6 |# R' F( k* K8 X6 ~( e4 B6 B2 S/ R(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),& |1 d* w$ u1 y2 u% J& {3 K/ ^, K
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
9 Z% I6 ^4 p3 p4 _. zother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* X7 O1 G3 \: y4 ~
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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