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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations- R8 G8 Q$ _' c: h1 O/ Z
上面说 非商业 进口 可以免关税?1 L8 J5 d9 A2 i U; b8 r
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf; u i8 d$ F, h/ c7 c9 i
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* g) E- X9 ?: Q$ F0 l$ F: mRefund Requests0 V8 s& N5 O3 b, v r' G! j
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who" @$ Y1 J5 v' t; P( P v
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 e: x! _3 x- p M/ oof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
% O! A9 o% J6 W2 b# P3 }0 e(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to' ?: |* D m: j6 S: I/ j& s) _
Canada to the time of release;" g4 [, { d. ?: }6 n
(b) the quantity released is less than the quantity in respect of which duties were paid;
' a0 c& `5 d: j1 P3 d5 P$ {& a(c) they are of a quality inferior to that in respect of which duties were paid;
: }5 ^5 c" H. `7 m* F(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# n N4 `9 b: U( a
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the( h% `, z2 V7 g2 A$ x
case may be, was made in respect of those goods at the time they were accounted for under
, y: }4 X9 N7 m- y: |9 Q* G# J. Lsubsection 32(1), (3) or (5);( E: t; a, s" b0 K0 @; |* |8 E
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for2 n! K7 F! A- }1 z
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
_; H4 t1 G0 o! F. N! b; yaccounted for under subsection 32(1), (3) or (5);
0 Z. i* V2 _0 O+ k" f5 p; u1 Y(d) the calculation of duties owing was based on a clerical, typographical or similar error;
, t& D8 }8 ^" O0 i(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)4 q8 |; g8 e6 G* t* `3 g; `: v
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or' N# C: }' Z7 q! v3 g& E
value for duty in respect of the goods and the determination has not been the subject of a decision
- [% O H9 R; k; \- \1 I1 bunder any of sections 59 to 61;7 ~! {/ k! C& i" Y9 Q1 ^
(f) [not applicable to non-commercial goods];3 ~4 V. l: c* c8 {* O8 ]
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
7 _) b) ~' X' f q) |1 z7 R' n0 U(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based( }* a& S. K k3 P
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
# W {: `2 X: L! x- Lthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
5 l5 C ^8 P; b* {/ W(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
6 o0 G8 A6 }7 R" t8 f8 Runless written notice of the claim and the reason for it is given to an officer within the prescribed time.
' ?: h# y3 `9 C3 V# j8 i, D(3) No refund shall be granted under subsection (1) in respect of a claim unless3 k; g$ c$ R% X% A' U% E* \* D
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
8 k6 Z! u' d5 u& C( [! V; Jrespect of which the claim is made or otherwise verify the reason for the claim; and# n- w" z# F) N$ D- W
(b) an application for the refund, including such evidence in support of the application as may be3 n I, Y1 S$ _5 S* Q7 u
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
& l8 a% \3 [1 ^+ H, d( Mprescribed information within; h4 T! ?% Q* Q$ P+ F
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
- ?5 K9 B& g+ f& z9 Q5 o- Wor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and! q) ]6 l* G4 @) ^9 D7 Z
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods4 ?# t* q4 O: K
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.+ L8 Q+ B5 z0 T- [' B
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
* g. h; b: L7 r# e1 E1 p8 P. jthis Act as if it were a re-determination under paragraph 59(1)(a) if
# K* X8 _ U3 B(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
, a0 f6 x4 N' ^2 `( b y+ D% G! pbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
1 s) y( J- x# k' K7 A' J- Deligible for preferential tariff treatment under a free trade agreement; or
2 s% j! U6 w3 T(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied- q' s% |/ S; p! M* k
because the origin, tariff classification or value for duty of the goods as claimed in the application is R+ d4 D7 ^; f) ]: L
incorrect.
1 I- M0 J4 u8 C(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
+ e8 y2 h4 [) H1 H- w1 {. N(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground6 _& E; V7 M, U- C1 X! j5 N
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it. a0 A. ~5 e8 c9 `* n9 o
were a re-determination under this Act of origin, tariff classification or value for duty.
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这到底是说可以还是不可以啊? |
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