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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations6 B( {" Q! l! t" V
上面说 非商业 进口 可以免关税?
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0 p+ i: Z0 K9 M/ b3 w7 _http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf0 I5 h/ ~8 p( b7 S- i, n
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Refund Requests( {; }1 Q: r( o( z, s$ |
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who2 I- |* `. B$ ?+ u5 D: E
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
/ U/ v8 r( i6 lof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
) C; \' n% D7 [1 z$ u(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to! y4 \) A9 y% [$ H
Canada to the time of release;
6 y. T# @0 X* F2 S: Q: P(b) the quantity released is less than the quantity in respect of which duties were paid;
# p8 N+ P2 t! o& u(c) they are of a quality inferior to that in respect of which duties were paid;
+ f6 n8 ]9 l* H$ E(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) l+ X ` c% q- Z/ `tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
9 J1 H: V& X. S3 M/ T2 Wcase may be, was made in respect of those goods at the time they were accounted for under+ G+ Q" U; u& w; n
subsection 32(1), (3) or (5);5 }" G! M, b/ a2 f! T* O. ~- u/ e
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2 D. K4 f* {- y* M0 } i(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
3 x4 X7 `: k* apreferential tariff treatment under CIFTA was made in respect of those goods at the time they are; q/ D6 c2 K( q9 l, K
accounted for under subsection 32(1), (3) or (5);
) d. b4 P) u+ ?( f6 R1 j! p4 S(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- B" S3 |8 G. y- X+ d3 N& g(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)) W$ H1 ?* z/ U
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
8 O& x9 n) k1 I, @9 |value for duty in respect of the goods and the determination has not been the subject of a decision3 o T! K* }0 w0 O
under any of sections 59 to 61;
8 @2 F( n; @9 B8 L$ f* ^: v(f) [not applicable to non-commercial goods]; n, R; E8 A9 m2 u' y6 W" O
(g) the duties were overpaid or paid in error for any reason that may be prescribed.+ Q, B* B& v# T: ?; t
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based' n7 Z' W0 d; @( D' a, B# @# [
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of3 Z0 v; P2 h3 A
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 h, U% X R+ v7 [(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim$ c+ c2 L7 l" h/ ^5 I+ V0 Y0 z
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.' N3 s* r! p% X' V& z9 b3 J8 X
(3) No refund shall be granted under subsection (1) in respect of a claim unless2 P2 Q9 g& e3 E
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in7 Z: _* B' r- V' Q' ^3 a& ?
respect of which the claim is made or otherwise verify the reason for the claim; and6 K$ J8 j6 X7 b7 ?. {- l" @
(b) an application for the refund, including such evidence in support of the application as may be
& c1 C2 h) O& Q, }6 E* Lprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
+ p9 y T/ Y4 _prescribed information within
3 m2 [; M" M4 g8 N$ p. P0 \(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)% C6 f1 K2 {+ `3 _% r3 U
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and' I, y' U7 b! [- Q
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 U# n; F* q2 G/ U- Z+ k+ @0 g5 H
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.; Y' q! {1 R4 |' T, a
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, ~+ F1 }# e `$ B1 s( @* \
this Act as if it were a re-determination under paragraph 59(1)(a) if
( U6 f. O' D9 @* i$ B( c! x, n(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* h1 C7 b# g& z7 D' u, @: i6 r
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
# y( O6 x. c2 U; U. f$ A: N( m/ Peligible for preferential tariff treatment under a free trade agreement; or
/ A. g9 ^, ]6 Z$ B1 y( U* r8 t(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied% h8 `8 C- U1 m" L1 F) L# e
because the origin, tariff classification or value for duty of the goods as claimed in the application is
7 b3 }- y. j7 H: l4 n+ Mincorrect.
. k% x! G$ ]0 w) L(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, r- _! N! s5 k1 w2 U4 n(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground/ ]1 b C5 `7 `# ^. g( c
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it. z+ v2 J& y' }& ^
were a re-determination under this Act of origin, tariff classification or value for duty.2 U; p* R2 `8 G) q7 Q9 i
6 Y. d$ t8 N, `4 s这到底是说可以还是不可以啊? |
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