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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations! P# V% X* y/ P1 E
上面说 非商业 进口 可以免关税?4 C8 {: x* u8 \# f! n8 u
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests! c7 p. A+ y+ c
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who9 z& v% A I2 q% P9 g6 g
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
" P7 A; q- s0 A1 d4 @+ V" q7 Aof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
* q/ q# }2 E* U; ^* T' b4 V, f(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
) L7 @1 m8 W1 A$ P& _5 p) s6 ACanada to the time of release;
, a4 _* ^- i7 D- g/ }) k7 x" u/ ~- J(b) the quantity released is less than the quantity in respect of which duties were paid;
' n* o) I4 z! ~2 t5 R(c) they are of a quality inferior to that in respect of which duties were paid;0 F- B8 O8 D6 F
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential3 e f. R# X1 v% `$ I/ b
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the7 k# Y3 e0 V# }+ |/ p
case may be, was made in respect of those goods at the time they were accounted for under
3 E" j& W; P: `3 v1 G$ {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 for
1 K: |6 P ^' N: Gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
0 I8 g# e' y" U4 c" h) ^accounted for under subsection 32(1), (3) or (5);3 y# r7 N1 {* [; G
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
4 ~4 h" L* z- y6 f+ T(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
. |; n/ c! E% y# d: J; Tof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or& f c& F0 f9 o8 ~! N: U7 A A
value for duty in respect of the goods and the determination has not been the subject of a decision, e% h2 f' Q( G. y6 n
under any of sections 59 to 61;/ ]8 p& J/ `( t' p% O; j4 Q i
(f) [not applicable to non-commercial goods];6 u$ |3 Y* j8 v; e
(g) the duties were overpaid or paid in error for any reason that may be prescribed.; n9 g, Z' E% b* n
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based6 h3 X5 y4 J6 b% |
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
: X. k, a1 U4 z1 Xthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).9 s9 O0 ]: x e4 B
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
; k6 R) b8 ^0 b# E- runless written notice of the claim and the reason for it is given to an officer within the prescribed time.0 o0 E) T: s3 S2 ^* f4 I
(3) No refund shall be granted under subsection (1) in respect of a claim unless) E8 b4 K( Y9 B) p' }
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in; j2 ]6 h" ]8 s% h. h% q
respect of which the claim is made or otherwise verify the reason for the claim; and
# T2 u$ M/ c* T* z7 z(b) an application for the refund, including such evidence in support of the application as may be8 O; ^0 X& P- S4 n/ Z0 O) A5 e$ Q- t
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the" y* K: e8 I F3 d$ Y# L7 B0 H/ [. t
prescribed information within5 x5 `: m: ]3 U; X9 {) a$ `0 X9 s
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)$ [5 W! x$ X0 w5 v9 ?
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and0 u3 Y' Z/ L& v7 M! @
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
6 \" H7 I0 ` d0 [$ o! uwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 G5 R* Q6 k. |4 _) X3 z6 b8 y(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
" D$ H1 W$ B" W D) E* E/ S9 y% othis Act as if it were a re-determination under paragraph 59(1)(a) if3 P# \* T0 h* ]7 V' ~
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
$ h6 W3 ]: U0 u/ K3 J, ~because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not+ |7 ?7 O$ a; z. ~
eligible for preferential tariff treatment under a free trade agreement; or3 d ~5 \, E, m* X
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
# r- f) D* z0 w: i: }because the origin, tariff classification or value for duty of the goods as claimed in the application is
/ N0 v e# u+ N! ]8 n8 K; f: ]incorrect.
3 g% g3 ^; g. b' v(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
0 J; O' p: w/ }8 p! L( }(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
* I2 D( F9 Y+ ?! r& |other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it+ w5 T( x: R8 [$ W
were a re-determination under this Act of origin, tariff classification or value for duty.3 F9 e- D& t% B& V0 B" d5 }
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这到底是说可以还是不可以啊? |
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