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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations% I) s/ E. M. T- e3 f- O
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; n1 ^6 ?" v$ _
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Refund Requests
) v$ g" `$ g) l- x0 ]" w+ m/ p+ I2 j74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who! |0 l9 U3 N( g f! K7 O
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part9 e) d0 ^5 M1 z
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
$ r# N; a' n8 _(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
1 m% s* l8 ]3 w9 E# `9 SCanada to the time of release;
. S/ _. j& |$ W/ j7 e7 Y(b) the quantity released is less than the quantity in respect of which duties were paid;
- L$ c8 ^% E; `4 U1 \# C& Q(c) they are of a quality inferior to that in respect of which duties were paid;8 m0 G2 C- m7 H% l
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential- ?/ b" d h a+ R; ]$ P0 g- E
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
7 U6 b# Z1 k# T7 d$ V& J. ocase may be, was made in respect of those goods at the time they were accounted for under
& e6 R" @8 ^! {7 b0 o, i: ssubsection 32(1), (3) or (5);! ?% G3 o8 ?2 z* Y' _7 A
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3 @" l; b* Y8 ^) S8 h(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
# g7 I+ G6 z+ B' @0 R7 W/ rpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
+ J, S) g/ Q& _5 L2 v" s- T1 \accounted for under subsection 32(1), (3) or (5);: k* I8 A# z, l0 |# G- {# L* @) q
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 m$ n% D, _! N4 ]1 z(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)/ M& s6 I5 R: j2 L5 c. J1 ]
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or8 }7 l( Z' p: y/ I; `" S
value for duty in respect of the goods and the determination has not been the subject of a decision
: D. H7 i7 c9 l+ s8 W& ]8 K* E5 Tunder any of sections 59 to 61;
2 _# Q& _ ~, j4 V1 Y, E( \3 K(f) [not applicable to non-commercial goods];
\4 G6 X+ E. b: b7 N(g) the duties were overpaid or paid in error for any reason that may be prescribed.- y( q8 d5 @& K: q( }( m
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
S' ~- K( R: f( l( N) C& C( non tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
( O6 {5 l7 L% C L$ B {! fthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
( }* l ?: \/ F8 o6 ?(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
/ S+ X9 j6 ?( \# T7 g, ounless written notice of the claim and the reason for it is given to an officer within the prescribed time.
9 C4 L% \+ {, \2 c; @0 |, }(3) No refund shall be granted under subsection (1) in respect of a claim unless7 r1 w- W& z8 k1 G. }6 j* \- h
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
/ G" ?2 y+ r! w! wrespect of which the claim is made or otherwise verify the reason for the claim; and- o7 [* G; {$ ~
(b) an application for the refund, including such evidence in support of the application as may be* ]- M9 u/ |1 E1 Z
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the1 q: a K' x% T
prescribed information within
8 q" l$ ]( d" c/ S, u; w(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)- A. b9 F# h! A; {& I7 O8 C
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
. w) |1 {+ G! [# M- c- D7 {(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods) H: o. z2 X0 |1 L4 o: F( x
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* A0 J/ x( k. s(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: e( I* V7 y+ u0 `this Act as if it were a re-determination under paragraph 59(1)(a) if
. ?4 p4 V8 [9 a% Q* ?7 I J9 k(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied" ]4 }1 Y9 w) j \* V
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not9 j r8 }" U+ |: ~) e0 l7 Z
eligible for preferential tariff treatment under a free trade agreement; or
! l O$ B* n: C U& h* P(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ b1 p1 p+ n# Z( z3 P _4 P. y* Hbecause the origin, tariff classification or value for duty of the goods as claimed in the application is+ }; E1 ^1 |$ r- ^. G# f; Q
incorrect.
; x0 H, ]. ?* y" H5 ^+ ], |6 V4 |# o(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
0 C. G5 t2 l2 m(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground% R* m1 l% c% x% E q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it8 }! W) Z. P, g9 N; o2 E
were a re-determination under this Act of origin, tariff classification or value for duty.
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8 b1 Y2 l& ^4 O$ w4 g这到底是说可以还是不可以啊? |
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