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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations& E' ~6 \# A6 ~8 n
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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Refund Requests( Q [1 Y% `( l& m, ?
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who) B* E* A7 G( f* y6 `$ Y
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
A& K6 x% B1 O3 ~of those duties, and the Minister may grant to that person a refund of all or part of those duties, if5 Q+ Y) L/ c& a, c
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
( _% P( O5 W$ vCanada to the time of release;
' \! \1 W4 I- D: I5 M% T( v(b) the quantity released is less than the quantity in respect of which duties were paid;
# D! V+ c2 X4 p4 p# s(c) they are of a quality inferior to that in respect of which duties were paid;
" }& v. ?" ^2 o2 ^7 E3 C5 Z(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential# ~# g" @3 L2 z9 ^
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 [9 }) F1 C1 ^2 ], j
case may be, was made in respect of those goods at the time they were accounted for under4 U$ e' q0 D* g/ i" ?# P* F. W
subsection 32(1), (3) or (5); J% u* {" E' u. _
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for+ _5 r" P) G9 |0 [) f9 y
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are, J# ?4 M6 Q6 Q' d6 R
accounted for under subsection 32(1), (3) or (5);. u, O/ ~ I* ^2 g$ |
(d) the calculation of duties owing was based on a clerical, typographical or similar error;4 L0 X F# K) @" `
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
) w8 R& X- e1 V0 d3 |2 mof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or+ R4 T8 h" S7 P5 T" L9 ~9 P6 T
value for duty in respect of the goods and the determination has not been the subject of a decision
0 ^: ?6 {5 x5 e; {' junder any of sections 59 to 61;# G8 U0 f; J; I) ?% A8 l
(f) [not applicable to non-commercial goods];
) D7 p! }! g0 A7 T1 o(g) the duties were overpaid or paid in error for any reason that may be prescribed." n- H, ~% B* X8 F" N
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
: u- A2 n8 ~% {" R1 U$ |' M. Aon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
# f! K W' O6 F: o( B( h8 nthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)." K7 c% F7 I5 c" W$ Q; x
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim7 M) X3 E- J0 T2 X* `7 _1 U* l
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
/ v2 T$ V4 Q' M(3) No refund shall be granted under subsection (1) in respect of a claim unless- A4 {+ B) [- e
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
# i# l" Q+ \+ T. \3 a9 b* E- Qrespect of which the claim is made or otherwise verify the reason for the claim; and
x% ^2 Z& ]5 G0 ^(b) an application for the refund, including such evidence in support of the application as may be( o, p u, |: q0 w4 ~+ P A
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
4 V, T2 T& w) N$ ^: R( Fprescribed information within
9 o% D3 P2 }+ k7 e1 ?(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)0 @+ O1 V5 e7 a2 a' s) ?
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: Q7 o# n) t' X* n
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
! s4 f1 k# E/ kwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.6 s6 i3 j( Q8 S. k6 {1 d
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of4 G! G0 z$ c9 `3 e7 u$ u* w
this Act as if it were a re-determination under paragraph 59(1)(a) if! D' s, z% |- u2 x( }' c
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied: s: ]1 s" c4 e6 w' { D
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not9 C5 J2 x# _1 Y0 x6 K# c8 c
eligible for preferential tariff treatment under a free trade agreement; or
/ J+ B8 d7 W1 {" D6 N( w(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied+ i0 j N2 |/ l
because the origin, tariff classification or value for duty of the goods as claimed in the application is! d& M2 l1 `+ |/ r4 L! O# [; x. ]. g
incorrect.6 P) ~7 y* [% R# w* C
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e)," G( g. Y9 v5 ?7 p* ?9 u* |8 z( n
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground$ L3 `7 u( p2 L8 T! a7 B3 `( ^
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
, B! k a2 w4 x8 S+ g7 j* ~8 gwere a re-determination under this Act of origin, tariff classification or value for duty.1 W- A7 \. L# j: s- Q
) S$ J9 s" s2 h4 v* l这到底是说可以还是不可以啊? |
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