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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations& b7 b6 {' {0 `8 O0 k) u2 ?
上面说 非商业 进口 可以免关税?& ~. T+ }( I9 y# H
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+ z6 P$ I( f. m2 _http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf$ n! L! k& X" q' _* R" q3 x
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Refund Requests
, P; p) e, |1 h8 t74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who7 e! j5 V0 G! G' @
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
4 g% D* E' D" P3 A7 ~( Fof those duties, and the Minister may grant to that person a refund of all or part of those duties, if2 j, A |% s; D
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to) u; G. w# t* I) K/ `4 _, Q4 ~
Canada to the time of release;
! l2 V; L8 v8 |6 a! F) f(b) the quantity released is less than the quantity in respect of which duties were paid;; S" f, v/ A" Y8 i, u; T; g
(c) they are of a quality inferior to that in respect of which duties were paid;8 _9 ]( s$ g- E+ `$ h# g
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
( a* Q, D% ]# }2 H9 y* `tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
. o5 Y3 S$ T9 p9 _' t* P+ fcase may be, was made in respect of those goods at the time they were accounted for under! n. o) e: p. Y; f
subsection 32(1), (3) or (5);
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r5 j, ^% _9 A3 l+ x(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for( W# w8 _+ O: C9 Y r$ M
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are$ S9 l) Z/ L: w* A+ Q$ d5 \
accounted for under subsection 32(1), (3) or (5);$ p" R' V$ T7 M" |
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
& d+ ?. V& `* `3 L4 V(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)& @! Y7 R* [* P) q# w; X5 ~- g
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or o5 t& F8 u0 B* ^6 ?
value for duty in respect of the goods and the determination has not been the subject of a decision& f) |5 I+ X/ f9 b4 U* M- c
under any of sections 59 to 61;
+ Z* L; |* u6 h(f) [not applicable to non-commercial goods];
. M! Y: ]9 W" Y1 I; R; b) o(g) the duties were overpaid or paid in error for any reason that may be prescribed.
$ T+ v" {7 K g5 W1 j! x(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
4 S# V' ?; ~ P1 m! Ton tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of; h- E, n" E4 D8 [" r4 X
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
9 U: J9 ]$ Z6 j0 ^5 |5 }* s! E(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
* y; t, P' R- @' G( gunless written notice of the claim and the reason for it is given to an officer within the prescribed time.' w4 J) V( k7 k/ m1 g6 w
(3) No refund shall be granted under subsection (1) in respect of a claim unless
, [ `& O# e" H3 c) ]! O8 {(a) the person making the claim affords an officer reasonable opportunity to examine the goods in. }5 U7 C" I) W5 |
respect of which the claim is made or otherwise verify the reason for the claim; and4 w/ u( H, ^, d# y& H7 H) ^* }* B; ~
(b) an application for the refund, including such evidence in support of the application as may be7 V8 O+ K( r& I, _
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the+ E! Q& A2 b5 c
prescribed information within
( D n& b1 s3 \& _ ~2 R(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f), ~: h7 W. x0 p
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
+ w3 u+ c w' \' P1 a6 b7 q(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods: ^% M* f" e: X% I8 h7 v4 z
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.% n; h) H3 M+ D, z, D; X
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of. X5 E' c6 N- x
this Act as if it were a re-determination under paragraph 59(1)(a) if
) c- t5 r9 d* R: K/ q4 e(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# c, D, l- _( [2 gbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. Y6 O; w+ [' oeligible for preferential tariff treatment under a free trade agreement; or
# T7 L/ F& k( s+ A# o' A/ u(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
! t! ]& x4 [. zbecause the origin, tariff classification or value for duty of the goods as claimed in the application is0 h0 ^7 s/ \6 E! g/ ]# j
incorrect.- P& X, z! Q( f& P8 f. u
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),7 G, e. e" D+ }% P
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground4 e' U3 ^4 a5 K$ u& I, N
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
8 Q7 z3 j8 {, N. A# N& `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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