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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations, m% S+ U4 V3 J
上面说 非商业 进口 可以免关税?
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^* \, @/ W; [http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf$ @$ \( [ o q3 ?$ o% b: h
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& D) D, D' d5 p4 RRefund Requests
' Y y8 |3 D0 b3 t" f5 o' w! M4 Q74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 n3 z6 n$ M8 G1 G6 ]! E; w
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' B# D' I& K1 N) Q( g( sof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
[( W2 V& W3 ]: O v(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to, A" P9 c$ W, C8 _' U+ j% s, _9 f
Canada to the time of release;
7 v, z' R# n) T6 p' J$ o(b) the quantity released is less than the quantity in respect of which duties were paid;
2 P d% M* W5 ?/ ^) |& v(c) they are of a quality inferior to that in respect of which duties were paid;1 X( H6 |2 T) b/ ] ~
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- z! _9 ~8 L2 z% N2 x, ^tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the6 {" E# c9 W% c4 V; Y( p
case may be, was made in respect of those goods at the time they were accounted for under9 e" m% q2 T) ^ }0 ?6 D
subsection 32(1), (3) or (5);5 R' Y, d* P" ]2 G1 A" w
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, F+ J+ q' F( a(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
' Z3 g. T' F5 x Opreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
7 E* t/ z3 |+ g0 k. Yaccounted for under subsection 32(1), (3) or (5);; X' Q) v4 u% E( } U1 ?
(d) the calculation of duties owing was based on a clerical, typographical or similar error;- D9 S, A. f" \9 ?; [; n
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)8 W- Z! q/ l) ]$ I" D
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
# v w; S6 Z7 N |0 f. j) } l- }value for duty in respect of the goods and the determination has not been the subject of a decision
5 t' V9 g7 X/ ^9 Z' e1 M$ zunder any of sections 59 to 61;: G! ~' I7 O. y# @
(f) [not applicable to non-commercial goods];% _- h5 p% `% [: M
(g) the duties were overpaid or paid in error for any reason that may be prescribed.* d) ~: T' C. j. O& u) a; K
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
6 d$ ~/ p4 J8 A# D3 ?0 w$ {on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of% J( H# {6 ^9 z0 P4 z% f! V) R
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).: M% a' @) n/ @. T7 N) k" P* o
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
. z" {, W5 Q) @7 I: bunless written notice of the claim and the reason for it is given to an officer within the prescribed time.2 k+ z9 }1 G. s% i, n A# A8 D3 j q
(3) No refund shall be granted under subsection (1) in respect of a claim unless
% f2 d# R! q, z% M% k7 P0 w(a) the person making the claim affords an officer reasonable opportunity to examine the goods in9 p; K: Q2 y. T0 x1 |
respect of which the claim is made or otherwise verify the reason for the claim; and
; B& K. ?/ y4 r) G9 d(b) an application for the refund, including such evidence in support of the application as may be
) @7 L; V z. G7 ]0 Bprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the9 o0 x1 U' G. H" r7 O
prescribed information within
) e$ L2 _3 }7 V' G(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
. N9 e2 r& ^9 q% eor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
) x( @7 \ P5 }" P% N. `& B6 Y, w# [(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods7 Q$ T2 o" c# _9 h. B! K
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
' }/ u3 x0 X8 J) Y, m6 d(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of" O( a0 a; @- k5 w m3 ?
this Act as if it were a re-determination under paragraph 59(1)(a) if
% p' G8 ~' a2 |5 @ Z(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ K# a" s5 b1 S2 ^6 ]. xbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not( P* ]% V3 Y: u8 H5 d
eligible for preferential tariff treatment under a free trade agreement; or& l- c) P( D( G0 M4 X. t* [
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied* L: H G% f4 L, l6 u3 ]
because the origin, tariff classification or value for duty of the goods as claimed in the application is4 B( Q/ K$ l G+ l4 o
incorrect.
* G! P9 h! ` |) Y% h0 H; O b(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),! U7 E! o$ e2 e' z4 ^ c9 o
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
& V; x9 q& Q( d/ n3 \( Dother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it! Z8 @7 x6 d0 {! Q" S: |$ i: C
were a re-determination under this Act of origin, tariff classification or value for duty.: ~6 Z p0 A- l8 d% ]5 r4 w! ~4 u
' j7 l6 e Z5 a$ g9 o2 w这到底是说可以还是不可以啊? |
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