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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations
$ V/ G' y7 c: I; w }, A/ X; _, l上面说 非商业 进口 可以免关税?
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* D7 I7 e' @' N$ P: [http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests, r" R& J, h5 Z- m" }# w
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who8 E* j# w! }6 W) d9 d. Z0 i$ O
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
8 d( F# N2 d* h. v/ G8 H" w, dof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
: p1 R- L J6 T3 g. Y5 j- j(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
" x% F4 K `1 `8 hCanada to the time of release;
( n. Z9 M J" }. I$ Z7 _$ _9 d' e(b) the quantity released is less than the quantity in respect of which duties were paid;
0 q0 L. E: q0 h% I0 I(c) they are of a quality inferior to that in respect of which duties were paid; l1 H2 |# {6 ^. o7 A
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential% R; K2 F8 S" l! N" d3 e6 c
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the, T7 h' |7 l+ P1 }" r$ _9 e
case may be, was made in respect of those goods at the time they were accounted for under( |+ W6 I9 G4 X: k
subsection 32(1), (3) or (5);
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, a3 L; p7 ]3 Z+ P- v6 o& `- P(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for" v R1 A. T& f/ ?) @' w& O- @
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are9 ~% d) z; G5 @( b6 T/ ^$ C
accounted for under subsection 32(1), (3) or (5);4 i6 z7 @- v ~% ^' E0 q$ d$ f# O
(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 u1 ]2 ^* k. q0 }/ `
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)* s9 T1 j$ k- U! J: a
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or$ n' E" F- w& @" W8 f% Z
value for duty in respect of the goods and the determination has not been the subject of a decision4 E0 c6 k" h- I7 \
under any of sections 59 to 61;
; L2 t( b. B. q5 @(f) [not applicable to non-commercial goods];+ g5 @% E; g- V
(g) the duties were overpaid or paid in error for any reason that may be prescribed., p* K: x( z2 j6 f/ L+ h
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
- B9 @' C- O0 B, |" non tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
+ {9 n' P! t/ s0 tthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).: i4 j" o, j( ~
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim; K1 C0 U' T( I7 e( a% t; O. g. P
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
% Q% n* C8 b# j+ q, @& P(3) No refund shall be granted under subsection (1) in respect of a claim unless. ~7 a7 r1 `8 u# C/ E; q
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& m0 B( h/ P1 D# C& j3 q0 Vrespect of which the claim is made or otherwise verify the reason for the claim; and6 U# i/ I& n \2 j5 f
(b) an application for the refund, including such evidence in support of the application as may be- t- N; U% B7 m9 F! V F1 {! _7 `
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
0 I2 z3 K6 b* f* xprescribed information within: c) K6 R2 X& x7 c1 L6 S5 _
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
_$ K5 {. [7 E) ?or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and9 N* C/ E) W; P6 S
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
2 v0 t8 w( X, X7 D8 Xwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.9 G, h5 Y( M' y, ]) P
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of$ h) @( e! \7 K" f
this Act as if it were a re-determination under paragraph 59(1)(a) if' t$ P2 b. h! Z# X: e) q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied9 @7 k& m+ w* o9 O8 W
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not# b8 S& I& p7 U( n. Z
eligible for preferential tariff treatment under a free trade agreement; or; W( l) X% v$ @( f
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
8 f) K7 f! f& ^9 N- q) Fbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
) o: s" z6 K7 v& b1 {) wincorrect.3 Y+ S- N/ ]7 w$ _
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),( z6 n% S* q. W2 Z
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground' ?$ O/ m" Y z; B
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it" W1 N8 a0 \% K
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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