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Memorandum D6-2-6Refund of Duties and Taxes on Non-Commercial Importations. c* B3 a4 N. U8 u8 C6 R. @6 p
上面说 非商业 进口 可以免关税?
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9 }2 f7 U+ s6 W( t$ s5 v; Ohttp://www.cbsa-asfc.gc.ca/publications/forms-formulaires/b2g.pdf5 K( ^1 @9 _. u$ i5 g: z# M6 w
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Refund Requests& y5 f* e6 }" f; t; H; Q
74. (1) Subject to this section, section 75 and any regulations made under section 81, a person who+ R( M! A! n$ B
paid duties on any imported goods may, in accordance with subsection (3), apply for a refund of all or part
( L; @+ N% M8 V% I5 t# ~- xof those duties, and the Minister may grant to that person a refund of all or part of those duties, if
) B2 k, R2 `; g% |(a) they have suffered damage, deterioration or destruction at any time from the time of shipment to7 k8 S9 s, k8 [) D2 F
Canada to the time of release;6 s$ T% F& T6 w- ?8 R
(b) the quantity released is less than the quantity in respect of which duties were paid;
1 ^$ U, o' \ A; ~(c) they are of a quality inferior to that in respect of which duties were paid;9 @8 {" o: C/ |
(c.1) the goods were exported from a NAFTA country or from Chile but no claim for preferential
# ]$ _2 X/ O8 H4 R+ _: Utariff treatment under NAFTA or no claim for preferential tariff treatment under the CCFTA, as the
0 U+ s* R# P& c. ~$ |) d: ecase may be, was made in respect of those goods at the time they were accounted for under, H- Y: X/ }% v( k& v
subsection 32(1), (3) or (5);- [, y" d4 ~; {7 ?
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+ A8 ?4 g! }1 P8 w(c.11) the goods were imported from Israel or another CIFTA beneficiary but no claim for: I6 J% t( r3 j6 a0 ? e. \3 e3 R6 k
preferential tariff treatment under CIFTA was made in respect of those goods at the time they are
2 ^" ~, S# A8 J( ]2 N% Gaccounted for under subsection 32(1), (3) or (5); x0 ? E4 l( G; t5 C8 Q) A
(d) the calculation of duties owing was based on a clerical, typographical or similar error;8 D( b* W( l: u! j* l. D$ n# z
(e) the duties were paid or overpaid as a result of an error in the determination under subsection 58(2)7 M6 P1 U# i% j: v$ G
of origin (other than in the circumstances described in paragraph (c.1) or (c.11), tariff classification or
* v8 Y p# l& F0 ivalue for duty in respect of the goods and the determination has not been the subject of a decision
# t7 C) Y3 j! wunder any of sections 59 to 61;1 W1 I4 W, u, [4 ~) H0 e
(f) [not applicable to non-commercial goods];
/ H$ H7 m1 c4 q3 I9 A(g) the duties were overpaid or paid in error for any reason that may be prescribed.
+ H3 l; t" l$ O- q/ L" u" M8 X(1.1) The granting of a refund under paragraph (1) (c.1), (c.11), or (e) or (f), if the refund is based
2 A! ]: t1 C& won tariff classification, value for duty or origin under paragraph (1)(g) is to be treated for the purposes of% `9 `* G, |+ y$ a. f9 i
this Act, other than section 66, as if it were a re-determination made under paragraph 59 (1)(a).
) i% x3 z* _# ]0 z; H8 }(2) No refund shall be granted under any of the paragraphs 1(a) to (c) and (d) in respect of a claim
$ N/ ?8 }$ Z. T5 N; yunless written notice of the claim and the reason for it is given to an officer within the prescribed time.
. E. L% D: I5 {9 H, l; q(3) No refund shall be granted under subsection (1) in respect of a claim unless/ Z! m8 i$ j+ ~; |
(a) the person making the claim affords an officer reasonable opportunity to examine the goods in, A8 T' ~8 o5 R" n
respect of which the claim is made or otherwise verify the reason for the claim; and
- d/ k: e8 X! x6 ^$ {(b) an application for the refund, including such evidence in support of the application as may be
# e% Z$ X$ U _prescribed, is made to an officer in the prescribed manner and in the prescribed form containing the1 W$ T; H' m& U
prescribed information within% }+ ]; d+ ]) x1 B& k. }' C6 e
(i) in the case of an application for a refund under paragraph (1)(a), (b), (c), (c.11), (d), (e), (f): Z! a9 o* v# y" p
or (g), four years after the goods are accounted for under subsection 32 (1), (3) or (5), and5 ]6 ~' b% v9 b) R' [
(ii) in the case of an application for a refund under paragraph (1)(c.1), one year after the goods+ g9 G$ S( q( h' |
were accounted for under subsection 32(1), (3) or (5) or such longer period as may be prescribed.. v- T: f! r& o$ r8 F3 C
(4) A denial of an application for a refund of duties paid on goods is to be treated for the purposes of
2 E: V) S8 `! F3 d+ r) Q7 hthis Act as if it were a re-determination under paragraph 59(1)(a) if. |* n% v0 z" W' U; P) @( v9 O
(a) the application is for a refund under paragraph (1)(c.1) or (c.11) and the application is denied! h, N. K" F" V
because at the time the goods were accounted for under subsection 32(1), (3) or (5), they were not
0 Z( N- N) _, s keligible for preferential tariff treatment under a free trade agreement; or
6 S& V% R/ F" T' i" k' x$ Q(b) the application is for a refund under paragraph (1)(e), (f) or (g) and the application is denied: O# }6 l" R$ f6 @
because the origin, tariff classification or value for duty of the goods as claimed in the application is
/ Q1 b* z! d2 \9 R4 s; z+ O' Sincorrect.9 U* S& x, K- o) _4 Q- F. F
(5) For greater certainty, a denial of an application for a refund under paragraph (1)(c.1), (c.11), (e),
" C; F- _; p: o. i1 m+ W(f) or (g) on the basis that complete or accurate documentation has not been provided, or on any ground2 p. T& q3 t* e2 _/ C' N0 v7 a1 Q
other than the ground specified in subsection (4), is not to be treated for the purposes of this Act as if it* N- R$ E* c# F
were a re-determination under this Act of origin, tariff classification or value for duty.! |2 g' ?& E; E2 V* j
0 r! e3 \! O3 ]5 N t这到底是说可以还是不可以啊? |
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