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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations2 _! r' Q T, o- i. c
上面说 非商业 进口 可以免关税?- B% u4 w3 y' Z4 t0 q' T
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http://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf, p# H# C0 ? t% O" T* O0 e
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& \8 i, h l9 C/ b8 I, u+ eRefund Requests% C+ v! w' @( ]& f: W2 S
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who
v, H0 h4 t, @( b0 w3 S6 ]" lpaid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
' x$ v1 A/ p: A1 e4 G# C9 Tof those duties, and the Minister may grant to that person a refund of all or part of those duties, if$ B8 d0 X( u! |1 P5 K
(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to
: n5 L2 ?$ T+ L2 G4 a, qCanada to the time of release;4 d* m E+ c9 F9 I. b3 a
(b) the quantity released is less than the quantity in respect of which duties were paid;- d- I, Z1 {0 `& u
(c) they are of a quality inferior to that in respect of which duties were paid;' C1 j# p- i( Q* e# e. |
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
- v0 A1 R O3 f$ Dtariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
; V( O" ^) K( qcase may be, was made in respect of those goods at the time they were accounted for under
0 I, v( Q7 d, {# g0 Osubsection 32(1), (3) or (5);
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(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for+ y1 b- u; {# C( z
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
1 C0 J: M7 S( gaccounted for under subsection 32(1), (3) or (5);' z' G7 D* s& H. R" M- p1 q3 H
(d) the calculation of duties owing was based on a clerical, typographical or similar error;# P; O$ Z8 ^0 M' ~1 O! t5 H8 e8 |
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)! t* d# l( I. x) l7 o- d6 s
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
! T9 c; _; u* x6 x0 Qvalue for duty in respect of the goods and the determination has not been the subject of a decision5 y/ f# E9 e, f- v
under any of sections 59 to 61;
]9 q: ?- h" o% u: A, X: f(f) [not applicable to non-commercial goods];# V( L* D0 E7 P/ q+ B5 ]8 ?
(g) the duties were overpaid or paid in error for any reason that may be prescribed.
# [8 h: E$ t- J; q! L" \4 o9 z(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based4 K/ y; b9 w7 w- d3 e3 R4 R% \
on tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of
5 ^/ C( T7 `/ \/ B4 [) {- Pthis Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).8 K+ O: i3 O5 _) @
(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
s* z2 x( E3 }* h5 q- ^1 sunless written notice of the claim and the reason for it is given to an officer within the prescribed time.# Y" l7 M/ h- z0 X( x- a; c
(3) No refund shall be granted under subsection (1) in respect of a claim unless
|* L4 p9 x4 r! L; o(a) the person making the claim affords an officer reasonable opportunity to examine the goods in5 D$ F6 g2 l$ O3 [' a2 \, N
respect of which the claim is made or otherwise verify the reason for the claim; and
/ @7 K1 n& S6 ~(b) an application for the refund, including such evidence in support of the application as may be
$ s' ?1 w1 B5 b1 M6 w1 G( Oprescribed, is made to an officer in the prescribed manner and in the prescribed form containing the- q( E) j" Z" M
prescribed information within
6 c0 R* F" R: F" z0 m9 m8 f(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f)
% o1 T! ~) w+ Eor (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and* S; ?* t `% L u
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods
& A1 R8 m/ W" Q& B8 R; pwere accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed., M5 i) a& N! L8 x g S8 A
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
8 o: Y" X9 F; {8 t) Z# y' y" ithis Act as if it were a re-determination under paragraph 59(1)(a) if: t; I5 T% t( r* I
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied: i$ C! _; M X, g6 Z6 R8 q: e+ y& L7 _
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
9 I. q9 [) h1 c/ a! z) Q& Peligible for preferential tariff treatment under a free trade agreement; or- y! |# G6 r2 e1 E" X, Y
(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied
/ p" F- S! x5 Obecause the origin, tariff classification or value for duty of the goods as claimed in the application is8 O3 E, G# p5 d: \
incorrect.
7 s, a3 e4 t" N" H(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),6 l" y* i# q5 K. M, i, P$ `
(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground3 |% }3 |6 r) l O$ a% p- ^
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it) i3 m _ ]0 H- n5 `
were a re-determination under this Act of origin, tariff classification or value for duty.
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) h: W2 E- ]2 R3 y4 x0 U这到底是说可以还是不可以啊? |
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