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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations5 B4 {. _+ T+ E, u4 S: k
上面说 非商业 进口 可以免关税?
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8 _+ G. f% E3 F" D" {- J% ]http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf
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Refund Requests" ?/ Z/ ]* q2 w: y, ]9 X3 m/ |/ D
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who2 S+ `- Z* L! c& g# }
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part+ i, C& U( ~: x+ D* D
of those duties, and the Minister may grant to that person a refund of all or part of those duties, if3 c% ?; L4 ^; z6 b
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to) v( F% P5 x7 _$ x4 Z
Canada to the time of release;6 s# S* Q: z7 H( P% \+ \7 }/ ] N
(b) the quantity released is less than the quantity in respect of which duties were paid;) {7 g6 V. ^8 J' |1 o7 J; j% j
(c) they are of a quality inferior to that in respect of which duties were paid;
- A$ E* L4 N9 P6 j(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential* c/ c" z" Q/ x) s. ]- o0 O
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
2 W8 g7 U2 s& F$ J8 t; B* ^% S* k; hcase may be, was made in respect of those goods at the time they were accounted for under
, b/ g2 b) {( K9 c1 dsubsection 32(1), (3) or (5);7 U F0 Y/ Y6 |1 D
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
4 P; e( O/ |& D: k- t) {' wpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
) v$ _2 ^# q2 Z6 G$ n2 d% u& Gaccounted for under subsection 32(1), (3) or (5);
. l" w% {7 f' s(d) the calculation of duties owing was based on a clerical, typographical or similar error;
$ e1 o: f9 B) u(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)
* @4 W' _! C8 f. g4 r3 Fof origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or- S7 K( h" _ H: j- @/ c1 h/ |( k
value for duty in respect of the goods and the determination has not been the subject of a decision
& P; T/ s0 I) R" n/ A0 Iunder any of sections 59 to 61;$ V! d( J! s) A/ h
(f) [not applicable to non-commercial goods];
. I2 {- b4 v% N* O0 d(g) the duties were overpaid or paid in error for any reason that may be prescribed.
' C5 f6 o1 S/ u- \* `; t( q, a8 [(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based! H* _( @* p6 ^' ~
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of ^) x3 y! x0 O n$ V" K8 J6 }
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).; j# s) Y) r4 A! w( B+ P# T- }0 Y
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim: B) p* N5 A% `9 S& Q
unless written notice of the claim and the reason for it is given to an officer within the prescribed time.
# G4 o2 O/ E5 |1 t7 |1 L(3) No refund shall be granted under subsection (1) in respect of a claim unless
N* F5 z' y% g$ S5 B(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
! |, d' h2 z2 ]7 E* ]. ~respect of which the claim is made or otherwise verify the reason for the claim; and
. O% h. B* L" a7 t8 n(b) an application for the refund, including such evidence in support of the application as may be
\, y' k; r3 Q# J1 yprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the: a7 O) [0 g* e2 P' a5 o/ T
prescribed information within. `& u* C: o4 e/ A; W; W- b
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)+ {7 W: z' w+ }: W2 M
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and
9 i- w: e8 ^* E(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
7 g: b+ _, M; [- U: v. Gwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.: `7 Y) j5 i' U1 L+ A5 u2 y2 F
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of* l; v: ~! i1 v& i: M
this Act as if it were a re-determination under paragraph 59(1)(a) if/ n$ m% q; m( x& o$ c! R' o
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied
# a! f$ B; I7 f5 g8 v9 A$ U# z) ^' Rbecause at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not& @! s$ l- g$ v( O9 t3 N# J
eligible for preferential tariff treatment under a free trade agreement; or6 v% n' C, z& p6 O: Q
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
1 E5 d: g7 m# mbecause the origin, tariff classification or value for duty of the goods as claimed in the application is
7 }. t5 v6 s+ M1 O; v) L8 y+ _incorrect.
0 z" {. B! |* O/ U+ \% P8 Y1 J(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
5 k# q3 [$ c- x4 T& B) L4 u(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground+ Y" P" x. S! J# a6 r
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
5 v& `! a: O, q$ {' b* y* v. P$ qwere a re-determination under this Act of origin, tariff classification or value for duty.
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* ~0 |3 D ?% H% |9 }5 L8 |这到底是说可以还是不可以啊? |
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