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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations" f' }6 l t/ h$ x! 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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3 B/ O. B& @! c, U( y$ L5 fRefund Requests: }2 ]( c# h: c" [4 V
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
. j5 R- J2 B, C8 i1 spaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
O* Z2 [ f, Vof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
. r- R8 p; m# i! ?0 i& ^(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
. U/ D9 t4 t- y5 v, \& P0 jCanada to the time of release;5 A, @: ]) V/ C
(b) the quantity released is less than the quantity in respect of which duties were paid;
# a+ g, @( f" [* u& q(c) they are of a quality inferior to that in respect of which duties were paid;/ f5 D. w8 w# l' O: Z3 [+ Y
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential" ]9 |$ ~- [) T$ Q3 g {
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the+ [4 P+ k+ ^* [. C1 X/ L7 d0 V
case may be, was made in respect of those goods at the time they were accounted for under, j- H! V# C- Y: Q0 S* w
subsection 32(1), (3) or (5);& Q8 V2 B% {* W" K: ?$ R- C$ j
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for3 N6 e8 ^, Q1 ~3 w% R8 @6 c1 E
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
8 W, c/ O' |7 t8 waccounted for under subsection 32(1), (3) or (5);
# {) O6 N" c! Z9 S2 u, U c" k(d) the calculation of duties owing was based on a clerical, typographical or similar error;$ s8 d( B# P* u$ F$ W2 q
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)5 H/ c$ g4 D2 x, ?- v8 b
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or. s+ K1 ~" a N7 q0 f
value for duty in respect of the goods and the determination has not been the subject of a decision) a& F$ Y% S3 _) j4 r
under any of sections 59 to 61;. L% l) b1 b9 P
(f) [not applicable to non-commercial goods];& C4 v% S1 v# L
(g) the duties were overpaid or paid in error for any reason that may be prescribed.3 ^8 Y" R. j( L0 s% q
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based/ e: P; k) U( e& C
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
t4 ]4 u. z) ?# e0 Tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).# I6 a# Z1 M% H# f4 g
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim) T" r7 ]( f1 d! o+ V8 N& w9 p
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' I1 t i) E6 N0 k(3) No refund shall be granted under subsection (1) in respect of a claim unless2 ~! {0 d6 S( w. B
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in3 s# X0 O. i- l! L* X( G3 l. b
respect of which the claim is made or otherwise verify the reason for the claim; and
% {- Z n4 g7 I8 Z/ b. f* T3 A/ H+ c(b) an application for the refund, including such evidence in support of the application as may be
" O" p- H: \4 K. Q/ F5 Fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
- U# g2 `- B: w# f! |' aprescribed information within
; n6 ~/ X# [0 @; A$ ~: I7 l# _/ z(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)! F1 r4 C: p4 w# K8 W; S
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and* u/ S8 m- e* [! U
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ @) Y2 ^8 R% @) Fwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed." b" v% |, P! f& d
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of7 ]8 L O. ~1 t/ i* J( V5 q
this Act as if it were a re-determination under paragraph 59(1)(a) if
. T) Q0 z# B8 [(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
& [( _6 ]9 C# c. }( Zbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
. y+ I& L2 Z9 neligible for preferential tariff treatment under a free trade agreement; or# o7 ]! m% J/ M& L2 {: M
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
2 p+ ]% h4 R' {: M' x" l8 h6 Xbecause the origin, tariff classification or value for duty of the goods as claimed in the application is5 F9 k8 ^, s2 f9 K, C) q1 s
incorrect.
" |9 |6 z N* `; x6 N4 i(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
) ~' l, c! B$ i6 L! z(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
% P1 @) u5 q5 X. l0 q' X. Yother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* C* _& A" i7 @/ u1 G
were a re-determination under this Act of origin, tariff classification or value for duty.
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/ I+ t( ?8 X8 ]3 C. h/ l这到底是说可以还是不可以啊? |
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