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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations3 ^9 s4 S& b# l
上面说 非商业 进口 可以免关税?
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h, M* c; @ Q- Yhttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, h) Y& C) R1 f* y4 J1 ~
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1 f: P$ a9 v6 lRefund Requests. x# Z8 z" _: B* B* E1 K k
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
$ z0 w' b0 ?* Ppaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part8 }: N1 i @( L( }, W
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if
2 b' T7 }9 n" L6 U& ?2 j+ G. h(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
9 U9 p g1 j0 w, y1 a0 jCanada to the time of release;' D- g3 @% o; t1 |+ y2 y- y, U8 U
(b) the quantity released is less than the quantity in respect of which duties were paid;: J& B( R4 B- M6 ?
(c) they are of a quality inferior to that in respect of which duties were paid;
" f/ L3 K# i( t! t7 M# o(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
) P! W# m) w0 V7 }8 u% d4 t9 C( {tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the3 M% N/ \! x1 o" g2 X1 @
case may be, was made in respect of those goods at the time they were accounted for under
* P9 I l8 t: vsubsection 32(1), (3) or (5);& C) ?6 n- R& Y5 Z1 s
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
! s z8 t# ? zpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
; U: y* U7 j, _2 Yaccounted for under subsection 32(1), (3) or (5);' M1 d' a4 n( C$ U! e
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
8 `1 g. Z, B3 M* @5 O(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)" {" F: A5 c; o# D/ G
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
( g! b& p0 e8 F* D: e3 Q" hvalue for duty in respect of the goods and the determination has not been the subject of a decision* Q" H' L; o9 A" b1 H2 | \
under any of sections 59 to 61;9 a. n8 t# Q" I) f. q
(f) [not applicable to non-commercial goods];
' a3 [# B5 |9 q9 Y3 G# X1 R8 a2 Z- b(g) the duties were overpaid or paid in error for any reason that may be prescribed.
5 s4 C- |$ Z a& `/ n0 y& q(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based2 Q7 Y9 b# e' k
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of. k- p* \' W! b) x
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).( o# t6 }0 U3 F, D# [8 [
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
7 f2 \; q- E p; `7 A. wunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
+ d5 Q! ]; K5 e& B' C' \) z8 J8 R(3) No refund shall be granted under subsection (1) in respect of a claim unless
8 q6 J7 Y3 X ? r( {(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
( `2 } W: p, @2 Y/ L; e0 Arespect of which the claim is made or otherwise verify the reason for the claim; and
/ y( |; Q f7 x4 N( a. Q(b) an application for the refund, including such evidence in support of the application as may be
4 z o! X. l4 M8 \* Y0 Fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the, _" P6 Y2 C& a9 Z4 l7 S
prescribed information within
( w; j* m9 H3 M R" p: u& V(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
$ @' B# }# s9 f. H, P1 T Zor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
- @9 P9 x, A5 f9 e# `3 Y& G(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods2 \/ Y2 G4 `* w8 v: L/ D
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
* j6 Q1 o; [9 N(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of: L! L' V4 ^% D6 M
this Act as if it were a re-determination under paragraph 59(1)(a) if/ ~+ o0 B3 w; O' g! v
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied+ @5 Y& [" b) ~6 _/ O/ n" m& a/ y, D
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
7 q, `9 e8 E1 h: G% S6 Yeligible for preferential tariff treatment under a free trade agreement; or
9 y# I* t1 X# w(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied7 ]8 H8 @* t' G8 W7 R) q; L; H
because the origin, tariff classification or value for duty of the goods as claimed in the application is
5 f+ T$ W" f1 _1 ~9 Q5 Pincorrect.
: o* |+ ]) p" R0 k6 u: W(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
0 ~- [+ u2 R% O( W(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground1 U* m/ S$ L. j' L m7 d* K$ e
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
; u8 _7 A0 p# {% f- h; Y: Awere a re-determination under this Act of origin, tariff classification or value for duty.2 q1 z/ g6 S3 I" M( F
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这到底是说可以还是不可以啊? |
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