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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations* g: ~5 O( Y" D- V6 i4 ~( }5 C4 P
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, u7 m! E5 Q$ w) e
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Refund Requests
, Q+ W7 V+ _1 A74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
' }- f" i' n+ j6 Q$ e4 Mpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
+ B6 w- m/ U) nof those duties, and the Minister may grant to that person a refund of all or part of those duties, if& F ~& Z5 f" O N* j
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
2 D. w! G5 ?( [$ e1 a4 S8 UCanada to the time of release;
$ t/ x: n; F- \# i1 k5 E(b) the quantity released is less than the quantity in respect of which duties were paid;2 a2 p0 U2 B# j/ O# s) {$ K
(c) they are of a quality inferior to that in respect of which duties were paid;2 U/ Y& y' I4 t$ g
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential! g r) @ A+ u0 H
tariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the: F% _+ U- s# G6 b
case may be, was made in respect of those goods at the time they were accounted for under) O7 o1 c. m% T9 B0 ? m
subsection 32(1), (3) or (5);/ B) g# J/ \ F
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1 p/ I$ u0 }' D- Z3 t. y(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for
% j; @1 I7 i; ]# qpreferential tariff treatment under CIFTA was made in respect of those goods at the time they are
- Z# T* T; [2 A( Daccounted for under subsection 32(1), (3) or (5);
/ a( ~: K, f, J, O3 Y1 P4 x(d) the calculation of duties owing was based on a clerical, typographical or similar error;
% j! a4 j6 I$ F/ ?# _8 L! k+ E(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2): E; z/ P7 Z7 J3 X, V
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or4 w; L1 g/ A5 h# T2 i) O, L
value for duty in respect of the goods and the determination has not been the subject of a decision" P8 P3 U, o# g' r+ d' c
under any of sections 59 to 61;
. t1 v5 _# s( m. v' P(f) [not applicable to non-commercial goods];( n" H, Z y- V! E
(g) the duties were overpaid or paid in error for any reason that may be prescribed.* `# o, D9 L! p) x0 p0 E
(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based. x. Q0 y% r3 P S
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of& d! c7 }' B% t/ ]& f: Z$ O
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a)." W$ K+ g' l. ^5 D* L" o
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
# Q S. b5 v6 J3 C. Hunless written notice of the claim and the reason for it is given to an officer within the prescribed time.3 R- ~6 z: \. r
(3) No refund shall be granted under subsection (1) in respect of a claim unless
7 g) M' }. B$ B4 n5 }& b(a) the person making the claim affords an officer reasonable opportunity to examine the goods in
3 j+ C$ y3 H3 R# Lrespect of which the claim is made or otherwise verify the reason for the claim; and- w2 b, f. ~% t& ^
(b) an application for the refund, including such evidence in support of the application as may be
$ o X7 e1 V( v% mprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the4 Y; B Q* ^: e0 w
prescribed information within
' y! C" x1 D* V) K2 V(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)4 _9 O9 J4 h0 [5 k
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and+ Z/ p7 X W$ D5 U# ^
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods( K! m2 F. y1 v; F2 T' G/ v
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.
, H" e, ^/ n/ i9 h4 B# Q(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of' f$ ^* ^& P Y2 o" {; ?- q0 y
this Act as if it were a re-determination under paragraph 59(1)(a) if; z( F! g% X: e$ ?0 `( g
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied* A( D, z& |) x7 O# n7 H- O: ?9 v2 m
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not# \/ G! h: ^' s/ W5 |7 ?
eligible for preferential tariff treatment under a free trade agreement; or
3 L6 k2 |/ X7 C- n+ s(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied0 @* B+ \! \4 q R$ e% z9 n
because the origin, tariff classification or value for duty of the goods as claimed in the application is
, h( z, _, l$ B9 Eincorrect.# O, l5 r% p9 h. b7 Q
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
9 x6 ~, T2 d' c. M& Y) G0 x% {(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground; X% c4 t7 V" [/ d h; G0 X& b
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it
5 v, j r' o% y# ~were a re-determination under this Act of origin, tariff classification or value for duty.7 `6 ]$ A2 y( ~* [: a: S# f& T
7 G9 I, Q8 {2 l- t+ _& W% [这到底是说可以还是不可以啊? |
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