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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations4 g6 T0 |* l+ E3 W$ i! W5 M$ u
上面说 非商业 进口 可以免关税?
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9 v+ ^! _8 P2 L/ |9 Khttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests
. M: o3 l8 o* a0 l74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
@5 }6 W; r. c6 v# ?0 Q: f- [paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
1 O) b' ^- _ _$ i% |of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
) @+ g3 _4 H' F(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to" n/ ]/ r G2 e: Y; k( ~! F7 Y
Canada to the time of release;
$ s5 J9 H; l+ c(b) the quantity released is less than the quantity in respect of which duties were paid;
! T {- T2 r1 @% H7 {. |4 \# R1 l(c) they are of a quality inferior to that in respect of which duties were paid;3 M. g! J5 E" |1 j
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
' P' N/ B; g0 `tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the) y9 E. Q0 G4 k9 [6 L
case may be, was made in respect of those goods at the time they were accounted for under# s/ f) Y/ E' v T6 w
subsection 32(1), (3) or (5);
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; R" `; | p1 D* y3 a(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
0 \4 E' D- J6 V, |5 T7 g9 gpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
2 R% P P# G0 }/ g' _7 _# t% daccounted for under subsection 32(1), (3) or (5);
% }) ]# {3 ^$ U8 h$ {(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% ?3 T. i9 O+ b(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2); p& X1 l. ^* n+ B
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
& t7 i1 m! U0 {. I# ~' V! dvalue for duty in respect of the goods and the determination has not been the subject of a decision
- Y: k# g6 I: J2 ~under any of sections 59 to 61;% y( i1 M0 `* ^5 \* }. \
(f) [not applicable to non-commercial goods];
8 W7 d' k: G/ L E. i2 x(g) the duties were overpaid or paid in error for any reason that may be prescribed.8 x9 C" s- o) @+ q
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
- k! |9 c- v! o8 p+ w- [6 ]0 Zon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of. Z9 D( c7 I6 ?$ F
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
h/ z2 m4 K( y/ m) h. m% v4 `* f(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim4 G6 U- Z. E( S7 D7 j! i5 D
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
/ }8 b5 [7 } `! K( e2 v( q(3) No refund shall be granted under subsection (1) in respect of a claim unless. ]# |+ T1 u: s( B% z6 n. T
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
$ F1 Y* G9 n E9 jrespect of which the claim is made or otherwise verify the reason for the claim; and
9 t3 N5 v9 v/ t' q! j(b) an application for the refund, including such evidence in support of the application as may be
5 g. ] {0 q1 Z/ x+ C8 R% Gprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: n$ o; R% L" f" A' s$ k
prescribed information within
3 l; q0 C/ \8 n(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
x9 p% { H" n! d- yor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- D! H G) w, I, K7 t7 T! v9 `(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
/ Z' `8 \9 k* [# O8 @- ]were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
4 n, H4 D: C* G o1 E/ R" R/ y, f(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
9 G7 O9 @) ~/ g+ d1 T1 F1 Lthis Act as if it were a re-determination under paragraph 59(1)(a) if6 G0 N- D0 E2 l. q, ?/ Q
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( }5 l. T1 t9 F5 x
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not' C0 h/ a) L6 n! V$ @) m8 c6 D, G4 ^
eligible for preferential tariff treatment under a free trade agreement; or
: A- k) g' |& [8 T5 q(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
0 m; s1 ~9 N0 ~because the origin, tariff classification or value for duty of the goods as claimed in the application is
% a7 G$ l: b% ]8 |incorrect.
9 r( G% D$ x7 c5 z# e, u; h. Y' Y(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
2 a9 v+ C# Z; W1 ^& I(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground5 [ P7 `( U5 f: W: p6 J5 N
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it( m7 g. a; K: _3 O# S& y" y! `
were a re-determination under this Act of origin, tariff classification or value for duty.
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i& n" G+ u N7 R6 S这到底是说可以还是不可以啊? |
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