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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations8 f+ \3 ^/ E& @/ m$ _( D9 B9 @3 b
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
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Refund Requests
: Q8 N/ w( B7 ?- ^( N V+ Z74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
6 S5 A, ]7 R! Z8 Z' q. y hpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
* w& h, z# b3 a+ I% p3 Qof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' y* b% ]9 c* q0 k5 _(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to @# T$ f ?- E9 Z! X: K
Canada to the time of release;! W) B8 l7 ]% e1 X
(b) the quantity released is less than the quantity in respect of which duties were paid;
9 |1 N( A, r6 G(c) they are of a quality inferior to that in respect of which duties were paid;) H0 J7 ^: Q! w; I3 [4 L+ f
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential+ X D* `% X2 N7 I- q
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( T2 T6 }% p4 p
case may be, was made in respect of those goods at the time they were accounted for under9 a+ M2 q5 n5 H7 _( F
subsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 {% S5 D' r) e1 r9 O& Q% L
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
" X" z/ d7 Z$ i. ?) l# paccounted for under subsection 32(1), (3) or (5);+ K3 o+ Z$ a; {
(d) the calculation of duties owing was based on a clerical, typographical or similar error;- ]4 K0 f- z+ [* Q
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
9 Y; A5 _8 e' M) P, L8 Cof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or6 m3 d) a# m! B8 \0 Y
value for duty in respect of the goods and the determination has not been the subject of a decision
5 D4 P; \; Y# u# a! Munder any of sections 59 to 61;
! t. l" F7 @4 G3 B% T(f) [not applicable to non-commercial goods];. F; C8 ^: a; X, r9 a3 R% n g
(g) the duties were overpaid or paid in error for any reason that may be prescribed." S7 q) z5 W) r% I" @
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 P# _- ^+ ?3 g/ l Jon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of" F. q6 \0 n' [4 X
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 K8 G% F# `9 U# D7 i(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim0 q7 a; N% c9 O% i% [
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.& H; ]' K0 z% r) `/ }6 M
(3) No refund shall be granted under subsection (1) in respect of a claim unless
( C9 s( Z u# h, L(a) the person making the claim affords an officer reasonable opportunity to examine the goods in' l+ \5 L1 i7 |3 P' h
respect of which the claim is made or otherwise verify the reason for the claim; and0 {( m, l* n* H; K. y0 P, ]
(b) an application for the refund, including such evidence in support of the application as may be) E* G1 w- r) V4 A! f8 L$ m
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the; v" p0 @' a8 `6 r
prescribed information within# Z% |, b; s2 t! `6 G
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
n! e: o1 M. t; d1 I/ g1 L5 s/ xor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and2 B. i) A/ }0 X, X
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 ?7 c: I) A, d. U' p
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.( v. I8 |6 f4 ^$ G$ g7 l- k& U/ p! V
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
: y/ p9 D0 K0 Q! xthis Act as if it were a re-determination under paragraph 59(1)(a) if/ P& j1 A7 p$ V2 n7 c; l: J6 |0 i
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ E; {' i5 s# D" E3 V7 Xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
9 D2 \- a6 u$ P5 J4 ^, w+ X4 leligible for preferential tariff treatment under a free trade agreement; or
6 W' i8 h8 v! H! y(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied6 j( H0 _. }+ X4 P5 _4 v v
because the origin, tariff classification or value for duty of the goods as claimed in the application is
u! D% C6 }5 O8 Gincorrect.7 z; _& ]0 R1 l! ?$ i# N$ ^
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
' f' I2 ^& `9 W2 _) I8 {5 u# f+ s(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
0 K/ c1 q8 T1 h- ?; K2 s3 _0 F& J9 I0 Mother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it8 d+ w+ @1 Q, C: Z, K0 W+ |
were a re-determination under this Act of origin, tariff classification or value for duty.
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7 U7 O/ n2 k) f4 t; A6 ^4 L Y这到底是说可以还是不可以啊? |
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