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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations# d4 l* n! `' e# w; {; J. ^/ V
上面说 非商业 进口 可以免关税?' t5 R) y l. p: m5 u
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/ ~2 D% [4 c5 v" O9 G: v# [http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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5 W' ?4 v. t, G, m3 Y4 T6 VRefund Requests) n7 Z8 p9 [/ ^/ |( S0 Q
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who9 a# k7 x k/ m7 h
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part; S6 @, N- N f& ?) w, Q: O8 ^# k3 e' p
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if2 V. j; M8 s( u( Q
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to0 z$ W3 `* E: u0 e; v: F9 B m
Canada to the time of release;
5 ?5 |3 \. A9 N. ~8 @(b) the quantity released is less than the quantity in respect of which duties were paid;
% {! L" q4 F& R n' J(c) they are of a quality inferior to that in respect of which duties were paid;
# k7 U c5 b6 B(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential; _8 K4 e/ f8 r3 R- L
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
! V- g9 l4 B O& Y7 X. w: P w- ]case may be, was made in respect of those goods at the time they were accounted for under6 \# ^) J- L4 N
subsection 32(1), (3) or (5);
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' `- g( s7 o/ n: U* F! C(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
2 ?. ]1 S T/ ]' n/ ^8 M, r n' o( Jpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are! ]5 U/ J2 O$ b& H
accounted for under subsection 32(1), (3) or (5);0 w+ @2 z4 }+ l1 {' Q
(d) the calculation of duties owing was based on a clerical, typographical or similar error;3 Q; K% H& e9 E* I; s! {
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
; k+ C. @, Z& s8 k. eof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or/ X$ r4 O7 k& |$ J: S: Q! g' q
value for duty in respect of the goods and the determination has not been the subject of a decision
4 w: Q; r* Q Junder any of sections 59 to 61; q6 z8 R$ Q5 x" f9 k
(f) [not applicable to non-commercial goods];
! T; F! G" `2 o, C(g) the duties were overpaid or paid in error for any reason that may be prescribed.
$ }3 V/ M6 w5 z& v m: s(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
$ k. ]) ]$ b3 X9 k& zon tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of @1 L( l6 t5 X) c
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).3 J& [' Q. _' l1 Y
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim# U; C& Y7 h% ^; V3 a
unless written notice of the claim and the reason for it is given to an officer within the prescribed time./ j7 s2 }0 u/ C# f1 V
(3) No refund shall be granted under subsection (1) in respect of a claim unless
' b/ Y' _* n3 Y! n+ i* m) q# C(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
& D, Y& C% g" Brespect of which the claim is made or otherwise verify the reason for the claim; and9 ?" _9 S7 G; `) [# i) x2 [
(b) an application for the refund, including such evidence in support of the application as may be0 h0 e: @* s0 x% f7 ]# v
prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the' l7 n k) T2 j6 ]
prescribed information within# \# P' W% K7 j6 M2 ]) m
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f) q0 h( o2 E' s- ?# i
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
! m6 i# x/ }+ _/ N(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods6 s* w1 Y0 i7 A
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
1 E. @* U c. c% h8 G- o(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of, M' c; `3 Y$ y9 {7 o
this Act as if it were a re-determination under paragraph 59(1)(a) if
- j& ]4 `, _0 ]7 g- y(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied( h1 d) {- v8 e) i; M3 l/ U
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not1 X) J$ `3 J7 _5 S; X
eligible for preferential tariff treatment under a free trade agreement; or+ T% i0 |5 C# K! L* I
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
+ @0 o& ~- e4 W1 ^' O, [9 ]because the origin, tariff classification or value for duty of the goods as claimed in the application is
) k2 M+ i f5 G$ Yincorrect.
. Q& a6 S/ n! @: f1 J. B+ q- a(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),0 f3 h" W- t. s# \6 ?# @- h4 x
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground* |# w8 v7 p& D
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
3 j# |2 s# O' ?" @* J1 K# Qwere a re-determination under this Act of origin, tariff classification or value for duty.6 H, `1 Q9 n( w3 ?, s
, f6 U3 t% ?: L! D这到底是说可以还是不可以啊? |
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