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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations0 w$ L/ m9 m; E
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) Y( n8 S5 K4 X; A+ m0 |0 K% k
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Refund Requests2 A/ [0 x- [$ v, ~
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
) r1 N( L5 W+ s" a/ l; Upaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part1 a1 D0 M! V. J3 i4 q6 B
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if8 O- J8 d6 S% v2 i
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to) u: Z/ T& ^; s& d, v1 _0 G7 Z
Canada to the time of release;5 S# T: _% {6 Q/ X
(b) the quantity released is less than the quantity in respect of which duties were paid;" [" v r& L/ n) ?3 O3 j& n2 W4 S w5 `0 o
(c) they are of a quality inferior to that in respect of which duties were paid;5 H0 X+ p7 E4 ^
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential) l1 g9 H# ^5 U+ W0 X* D4 x+ R
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the9 o F$ W* f& ~+ Y( \4 X
case may be, was made in respect of those goods at the time they were accounted for under9 Z9 q ?$ S+ v' V
subsection 32(1), (3) or (5);- ]% [7 u% |4 I
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2 f* A4 ^8 k' z2 f# |* ?& l# l6 I# O(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
2 ~0 j/ t. k2 ?6 C* Z, e2 `8 Qpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
4 w/ z/ c* L, {# T2 Faccounted for under subsection 32(1), (3) or (5);3 v: y. H. _6 n: q+ b
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
- N5 {2 o7 m3 W(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)% u0 X: I' f, p, L% B9 r9 s
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or& A! H4 N' o# V; Y0 L: V7 K- t
value for duty in respect of the goods and the determination has not been the subject of a decision
2 h" X& R/ F+ q: X+ sunder any of sections 59 to 61;
2 v- P1 b8 t" |! M' f(f) [not applicable to non-commercial goods];/ U7 n) Q1 \5 f1 C+ J6 l
(g) the duties were overpaid or paid in error for any reason that may be prescribed.) ?3 Y! `5 X3 X' \) o
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
- G# E+ e3 u. `( q0 T% t: [- [2 ton tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
. s7 X3 _3 T0 J/ Jthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; }% F. g1 k) H. |4 p
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim% g3 E- X, o d# ~0 v
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
7 P* Q. |) g& `1 q, r% u3 D(3) No refund shall be granted under subsection (1) in respect of a claim unless1 `9 s0 e9 X8 u0 F. ^* ?
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in* x9 e& `5 @. V( y4 O) p4 a
respect of which the claim is made or otherwise verify the reason for the claim; and
& E6 O# x- D- J, P(b) an application for the refund, including such evidence in support of the application as may be
7 W7 h* B: k0 Z5 d5 Z9 Sprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
5 h, [ D5 h7 H# S6 ?* [6 |7 wprescribed information within0 k4 }0 C6 l: N
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f), ^- I$ Q: G) ^* Q' d
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and: }) D% C' W# t& @
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods5 H1 |, O3 Y \% B
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
. x- W% r6 v) ?7 g9 L8 S5 w; Y9 X( n(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 @- V5 B: B3 y5 t) J5 |this Act as if it were a re-determination under paragraph 59(1)(a) if
) o9 I2 Y5 x- T3 l k7 a(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied! {6 p3 W( G6 ^+ ]) ]" |
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 s. z7 u1 p7 y6 v: h' f" z3 Q- ?eligible for preferential tariff treatment under a free trade agreement; or- [; I7 f/ @7 C, v/ h
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied, Z5 }/ s# j3 b t1 v* Y" [; S
because the origin, tariff classification or value for duty of the goods as claimed in the application is7 _- t# M" Z8 C4 W
incorrect.* M8 v: }* l6 ]! O! y) V8 z
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),. h. E0 C. {% ^4 \9 S' X0 ~
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground
! e9 t/ {4 f* Z7 fother than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it, {9 n& |6 ^& C8 _( ~9 B
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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