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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations' F$ W( w8 j" _; v
上面说 非商业 进口 可以免关税?" I% L5 {! V9 v Z6 x
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf# W- q2 ]% Y0 E) p
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& k4 C: L# w/ X/ F; Z; s" `- T+ BRefund Requests$ P% _7 S) H: a
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
- D% u9 M" S$ T* Wpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
0 m0 g# k' O" xof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
, {( T9 q( L" X2 K& S(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to0 q4 z$ N% \& d$ g2 ^: F" A' ~
Canada to the time of release;7 p+ A V- n- D$ i v
(b) the quantity released is less than the quantity in respect of which duties were paid;/ M* |. E' R- A5 b
(c) they are of a quality inferior to that in respect of which duties were paid;
o4 l# }1 l# F(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- s1 [* `: @$ {# e2 ^( _tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the8 U7 `3 j, n, l& Q
case may be, was made in respect of those goods at the time they were accounted for under# F. u6 |5 w" e; C$ c% q! n
subsection 32(1), (3) or (5);! c; D$ D$ B5 g/ T, L7 W" k* H
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for4 D r! @6 t) r
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are1 e/ a+ u7 X) G; c6 Y/ r
accounted for under subsection 32(1), (3) or (5);1 _0 \. E- d* B/ d5 B, t/ U: h$ g
(d) the calculation of duties owing was based on a clerical, typographical or similar error;
3 |: C7 ~+ j' H1 ^(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
, P5 O1 X3 y4 C9 Q" a+ nof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or1 V K( S+ A9 R" ~7 | C6 D& }8 A
value for duty in respect of the goods and the determination has not been the subject of a decision4 v+ y; T5 _9 B' n2 J F T
under any of sections 59 to 61;
, _' U0 [' \, F* y/ N(f) [not applicable to non-commercial goods];
6 e5 @) V6 h4 e" e7 F7 W(g) the duties were overpaid or paid in error for any reason that may be prescribed.) z9 l' [4 @7 E* f! {
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
0 a3 ]) b$ ~) W( _) Won tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of9 H& T# k7 A# z* P5 I
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
8 k0 `' S! v i5 h" Y(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim& q+ [, ]- F+ R4 J, P
unless written notice of the claim and the reason for it is given to an officer within the prescribed time., k: ~' o6 x6 a- L# G
(3) No refund shall be granted under subsection (1) in respect of a claim unless) n a* C6 J. I o+ b# ^
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
) I6 o) E7 z! P. g# R, Y/ P# Arespect of which the claim is made or otherwise verify the reason for the claim; and. z6 X( X$ k W4 d& C$ l
(b) an application for the refund, including such evidence in support of the application as may be
1 c, A& {. |. |1 fprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the
7 ~6 E! G# p$ P5 Vprescribed information within
* b6 S* j6 R7 \(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
, `, ^5 e/ X" H0 i$ M* @or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and% _7 Y9 N1 [; ]3 f
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods# ~( z: P2 ?, q
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
6 Z3 V) T4 F2 N; h5 I% z9 L, g( h$ r(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of/ ~; v+ W8 f$ x7 n2 P2 F) U
this Act as if it were a re-determination under paragraph 59(1)(a) if( Z" y/ s0 u: s/ ~: L/ `
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
- N) q5 G- e, M! ]$ V. obecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
) c: `% Y* R! H+ Aeligible for preferential tariff treatment under a free trade agreement; or
5 s' I3 Z0 A* y- t2 o4 i(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
" P6 {, v' `+ e: L7 Cbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
) F1 N" m. Y, I( g* M# b9 A2 Mincorrect.
; ^0 L3 z5 v: Z+ i, S5 @9 t(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
, o1 e5 x I' t( v1 d9 O(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground8 Q5 J7 K m. t$ {( b& h. l( b+ G7 Q% Y
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it' ?! v. @' b- g7 _0 }
were a re-determination under this Act of origin, tariff classification or value for duty.5 s9 m/ {( x' @# x7 \5 F2 u
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这到底是说可以还是不可以啊? |
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