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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations) J0 a1 R& T. C& _6 Z0 P/ C
上面说 非商业 进口 可以免关税?
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9 v8 {/ O( B; W* ghttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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+ v1 C& ^0 N+ Z0 d4 qRefund Requests
( o! t3 U) O- E/ H% P3 _ o, i! _, M74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who* n7 R% \8 U2 K* [
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part* }6 v& M: m1 K, \7 Q$ N: \
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
' l4 N h: m5 R) d6 b Z/ K(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to+ x2 A Y& _$ `4 H& s; R% \
Canada to the time of release;2 s* ~- |# P9 F" Z+ _8 {8 W" U
(b) the quantity released is less than the quantity in respect of which duties were paid;# U* e$ M7 o( g& p: p
(c) they are of a quality inferior to that in respect of which duties were paid;
( T1 H# \$ {( o3 P1 \2 z$ C2 Z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential/ v6 E& m1 `/ t
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
+ V% z8 K/ t+ ], I. zcase may be, was made in respect of those goods at the time they were accounted for under
" \6 B3 f4 x4 P% @4 V! R+ c4 Psubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
) a7 A; _! z- v4 \preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
5 m7 |2 v- u/ ~9 X! s. U+ yaccounted for under subsection 32(1), (3) or (5);5 t. f- r( p$ v# O2 K2 d; e7 L
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
1 |9 q6 Q' X5 p4 ]; `(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
7 R* q9 i1 t0 aof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
; F2 C, f, `- @- C2 ivalue for duty in respect of the goods and the determination has not been the subject of a decision
, m' w$ ^! l' Q5 P$ g4 Y% vunder any of sections 59 to 61;
6 c7 N+ v/ Z6 g9 n(f) [not applicable to non-commercial goods];
5 w9 T8 q+ u/ v' b3 q( F7 u/ s(g) the duties were overpaid or paid in error for any reason that may be prescribed.0 Z/ Q$ I4 m' S& l8 _& D/ T1 s
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
* D: F3 D+ g* U( P1 pon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of) q+ e+ L C1 z" t, |" W. Z
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
/ v: ~) `' y% d6 |4 a5 B(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim Y @% N3 ~5 Y6 U
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
) r# }. Q; b5 g; ~(3) No refund shall be granted under subsection (1) in respect of a claim unless
% Q W# I2 Y9 W8 u(a) the person making the claim affords an officer reasonable opportunity to examine the goods in' N" I0 m# }7 w$ r% a: }. k
respect of which the claim is made or otherwise verify the reason for the claim; and; B) u C6 K1 {) C) D5 z& p
(b) an application for the refund, including such evidence in support of the application as may be
' x/ N9 {% w+ Q. j8 Hprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the' h. d4 e z/ G/ O. f
prescribed information within* r0 S; z- O, N' P: `# E" L% I
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
! f4 H0 H5 W* m j7 e4 `4 k0 }or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
7 ~ M5 i. x$ V0 Q7 e: ~0 }) M(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods: I& H8 Z5 _$ p; ?8 e: z5 H8 v
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
7 E& A6 }! K0 E(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" n: C/ h$ W6 b6 z* Z3 p$ c! Rthis Act as if it were a re-determination under paragraph 59(1)(a) if
/ N0 m+ w3 q, ~9 d! G4 r& K3 Q(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied8 L' g) Z- Q8 y+ a) c% I, B
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not$ ~; b9 ^- j9 t7 @
eligible for preferential tariff treatment under a free trade agreement; or
2 [! W, l6 X0 ?- M: z. A5 Q9 z: s0 i% a(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
4 O2 v4 Y# x& Gbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
2 b. X2 W+ x' [" _* bincorrect.& U. C t5 u5 A& w
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ k+ }" n) T% d4 O(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
. T& M. M. N2 G, l& o# ]6 Yother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
4 |) L4 b; ?8 m* Hwere a re-determination under this Act of origin, tariff classification or value for duty.: ~- S) z8 L- q( a; v% W
* ?2 s8 w5 d! f. L这到底是说可以还是不可以啊? |
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