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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# w" s$ s6 @ }% M5 |; _
上面说 非商业 进口 可以免关税?" R5 H+ h* {) s( _
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$ F6 \$ Z, {$ Y1 ~# K/ ]http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf$ p: W7 C2 I, j, ]+ N
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Refund Requests
9 {/ c, v0 j; t6 {8 n/ ]; r74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
) p( u; `4 }6 O" h6 Dpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part' F" ~9 ~2 g" }+ t; q# {
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if" Y1 \/ z6 V C
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to6 b" T# u" k' i: A' u+ S. ~
Canada to the time of release;
% y: F6 [1 W! _; y$ H* }(b) the quantity released is less than the quantity in respect of which duties were paid;
+ S: y( A2 V& I$ \; r( {, o2 e(c) they are of a quality inferior to that in respect of which duties were paid;+ }" W3 E" ]2 J. V3 O$ W5 [4 f, i: i
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
: B, X( P8 v9 h+ i( M Vtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the; W7 o/ {" F5 N; ^. X1 _% \1 q
case may be, was made in respect of those goods at the time they were accounted for under9 I7 Y2 T" ]4 |4 p/ E, s. h! I6 p5 |
subsection 32(1), (3) or (5);) e4 }6 y& M$ I) w
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for8 p* A5 J5 P3 n3 F+ q& l w
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are6 K5 u5 B) q0 [. f# O/ _
accounted for under subsection 32(1), (3) or (5);
2 ]2 [; u# {! V. p& a(d) the calculation of duties owing was based on a clerical, typographical or similar error;$ N0 E; p% `2 \. U0 p
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
/ ` N$ Z1 a8 O6 {/ [7 ~of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or! r b; X- K7 i" ^
value for duty in respect of the goods and the determination has not been the subject of a decision- f) c# d. Z4 _$ K
under any of sections 59 to 61;
( @: P6 E* {( L8 T' ^; ^3 P; a7 Z* f(f) [not applicable to non-commercial goods];
. K/ e8 `0 U: d8 k- r(g) the duties were overpaid or paid in error for any reason that may be prescribed.
; q( H( w3 P. L+ |# J) e- v# a(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based% b& N. r1 U: c
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of$ C/ C+ w+ _$ x9 Q. x, {2 c) L9 T. }
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; H2 T+ }6 G0 ^6 ?' `
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
+ @$ g B2 v) [) Y2 v' z0 q: {unless written notice of the claim and the reason for it is given to an officer within the prescribed time.; ~2 }$ ~. A. c- W5 ~% z) n
(3) No refund shall be granted under subsection (1) in respect of a claim unless
- m& E& {* F7 F7 ](a) the person making the claim affords an officer reasonable opportunity to examine the goods in% q' W g; \0 ^; R4 o! ?* o$ ~
respect of which the claim is made or otherwise verify the reason for the claim; and4 m3 k* g$ J6 O2 u& X
(b) an application for the refund, including such evidence in support of the application as may be% i+ N1 c4 P; V( M( b
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
) G" _% ^: c- W# s( M4 Pprescribed information within5 d$ M' ]! a0 O, i6 O/ S5 h
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
+ q+ }) z5 }9 e3 W5 g6 s" j* zor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and- v! s* e: B, @! d0 J* U
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods; W( \% Z( ]% ?$ G- s. R3 a
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.8 r5 h0 ?+ S4 n/ d2 R/ [
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of6 u; S! ]& j- H0 y; _
this Act as if it were a re-determination under paragraph 59(1)(a) if4 F# E# g# M0 a9 d* w2 k5 h
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
+ Z7 I3 z& Y6 ~* vbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not" m7 Q2 L( e, b/ A w# y7 H
eligible for preferential tariff treatment under a free trade agreement; or
) M* @) z, ?! [; ~& j" f! A b(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied. l/ C* O( D- x+ z# }
because the origin, tariff classification or value for duty of the goods as claimed in the application is
* a- W* X- h' vincorrect.; k7 q1 Q1 I+ I$ W) D) c
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
Q+ H7 T) E" s" s! d5 U/ v(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground5 L; @& p. [. F8 Z9 M3 b) Z8 j6 B& `
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it8 m4 q# v% \$ c: I6 u& @% \( Y. z4 ~
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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